TERMS OF SERVICE

Last updated: May 8, 2024

INTRODUCTION

These Terms of Service, together with any documents or website links they expressly incorporate by reference (collectively, these "Terms" or this “Agreement”), govern your access to or use of our website at https://www.claimant.us (the “Site”), and any other websites media, features, content, software products, events, contests, promotions, and services facilitated through the Site, the App, and their associated service platforms, including any improvements, developments, or modifications thereto (collectively, the "Services”). The Services are made available by Beneficial Computing Inc., a New York not-for-profit corporation (“Claimant”, "we", “us”, or “Company”). PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND CLAIMANT.

By accessing or using the Services, you represent and warrant, on behalf of yourself and any person for whom the Services are accessed, that (i) you have read and understood these Terms and (ii) confirm your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. Claimant may immediately withdraw, discontinue, amend, or terminate your use of any Services or any portion thereof, at any time for any reason, at its sole discretion without notice.

PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH CLAIMANT ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY AGREEING TO THESE TERMS, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THE ARBITRATION AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. Company may revise, modify, amend, and update these Terms from time to time in its sole discretion. All changes are effective upon posting and apply to all access to and use of the Services thereafter. Your continued access to or use of the Services after posting of revised terms confirms your consent to be bound by the Terms, as amended.

You may terminate your access to the Services by no longer accessing our Services or deleting your account. So long as you continue to access the Services these Terms are in effect. We may choose to stop offering the Services, or any particular portion of the Services, or modify or replace any aspect of the Services, at any time. We will use reasonable efforts to notify you of our termination of your access to the Services, where in our sole discretion, failure to do so would materially prejudice you. You agree that Claimant will not be liable to you or any third party as a result of our termination of your right to use or otherwise access the Services.

USE OF THE SERVICES

Description of Services 

Claimant supports individuals in accessing disability benefits by providing a platform that streamlines the process of preparing disability benefits applications. Our services include facilitating the gathering of medical records through automated request tools and digital patient portals, analyzing gathered records through automated request tools and digital patient portals, analyzing gathered records for evidence of disability according to federal criteria, and compiling application materials for Disability Determination Services (DDS) or the Social Security Administration (SSA). By utilizing advanced technology and expert analysis, we aim to simplify the application process, empowering claimants and their representatives to navigate the system efficiently and effectively. 

Unless otherwise agreed by Company in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use. 

License to Access and Use of the Services

Subject to your compliance with these Terms, Company grants you a limited, non-exclusive, personal, non-commercial, non-sublicensable, revocable, non-transferable license to access and use the Services for their intended purposes. Any rights not expressly granted herein are reserved by Company, its affiliates, and its licensors.

You are solely responsible for obtaining the Internet or data network access necessary to use the Services and any updates thereto. We do not guarantee that the Services, or any portion thereof, will function on any particular hardware or device or that use of the Services will be uninterrupted or free from delays or malfunctions.

You are permitted to use the Services to request assistance with a supplemental security income and/or a social security disability insurance claim (each, a “Permissible Use”). You are not permitted to use the Site for any other reason that Permissible Use. 

Creating an Account

To engage in the Services, you may be required to maintain an active account ("Account"). In order to create an Account and use the Services: (i) you must be at least 18 years of age or the minimum age required in you jurisdiction to consent to the use the Services, (ii) you must have the requisite power and authority to enter into these Terms, (iii) you must not be prohibited from using any aspect of our Services under applicable laws, and (iv) your Account must not have been previously disabled for violation of law or any of our policies. 

Use of the Services requires you to submit certain personal information, such as your name, a username, email address, and birth date. Third parties may also, from time to time, provide you with additional codes or passwords necessary to perform certain actions or otherwise access the Services. You agree to maintain accurate, complete, and up-to-date information in your Account at all times. Your failure to maintain accurate, complete, and up-to-date Account information, may result in your inability to access or use the Services. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account log-in information at all times. You may not authorize third parties to use your Account. Unless otherwise permitted by Company in writing, you may only possess one Account. If you create an account or use the Services on behalf of another person, you must have the authority to accept these Terms on their behalf.

By creating an Account on the Services, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of the foregoing requirements, you must not create an Account or access or use the Services.

Electronic Communications, Transactions, and Signatures 

 By creating an Account and using the Services, you consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

Restrictions

In connection with your use of the Services, you agree: 

• That you are eighteen (18) years of age or older and you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in this Agreement and our Privacy Policy; 

• To comply with all applicable laws when accessing or using the Services;

• To only access or use the Services for lawful purposes;

• Not to impersonate someone other than yourself, provide any other person or entity with access to the Services using your Account, or assign or otherwise transfer your Account to any other person or entity;

• Not to cause nuisance, annoyance, inconvenience, or property damage, to any third party;

• Not to (i) use the Services in any manner that could disable, overburden, damage, or impair Company’s systems, (ii) introduce into the Services any viruses, Trojan horses, worms, or other malicious code, or (iii) attempt to gain unauthorized access to the Services or the servers on which the Services are administered or connected to;

• Not to (i) remove any copyright, trademark, or other proprietary notices from any portion of the Services, (ii) reproduce, modify, create derivative works of, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Company, (iii) decompile, reverse engineer or disassemble the Services, except as may be permitted by applicable law, (iv) link to, mirror or frame any portion of the Services, (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services, or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

• Not to run Mail list, Listserv, any form of auto-responder or “spam” on the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);

• Not to run “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);

• Not to engage in any other conduct that (i) restricts or inhibits anyone’s use or enjoyment of the Services or (ii) may harm Company, its affiliates, licensors, or customers, as determined by Company. 

• Not to make available any content that is violent, threatening, unlawful, tortious, defamatory, vulgar, obscene, libelous, or racially, ethnically abusive, or otherwise objectionable, including any material that is sexual in nature or displays nudity or pornographic material, promotes violence, threatens any person or property, promotes illegal or harmful activities, discrimination, abuse, bigotry, racism, hatred, harassment or harm against any individual or group;

• That your use of the Services is at your own risk, including the risk that AI-powered analysis of your information may be incomplete or false. 

If you fail to comply with any of the foregoing restrictions, you may be denied access to or use of the Services.

Geographic Restrictions

Company operates in and provides Services from the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

CONTENT & INTELLECTUAL PROPERTY

Ownership

You hereby acknowledge that the Services, and all content, logos, designs, trade dress, trademarks, slogans, features, and functionality therein, including but not limited to all information, inventions, algorithms, source code, computer software, methods, text, displays, images, video and audio, and the design, implementation, selection, and arrangement thereof (collectively “Company IP”), are owned by Company, its affiliates, or licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Accordingly, you agree not to: (i) reproduce, reformat, distribute, modify, create derivative works of, publicly display, publicly perform, promote, publish, download, store, license, sublicense, or transmit any Company IP except as allowed by law or as necessary to use the Services for their intended purposes in compliance with these Terms, (ii) attempt to decompile, reverse engineer, or read-out any Company IP, (iii) or delete or alter any copyright, trademark or other proprietary rights notices from any Company IP.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Company IP in breach of these Terms, your right to use the Services will cease immediately and you must return or destroy any copies you have made.

All other names, logos, designs, and slogans displayed on the Services are the trademarks of their respective owners.

Except for the limited license granted herein, neither these Terms nor your use of the Services convey or grant to you any right, title, or interest: (i) to any Company IP in or related to the Services or (ii) to use or reference in any manner Company's names, logos, product and service names, trademarks, or services marks or those of Company's licensors.

Information About You

All information Company or its service providers collect via the Services is subject to our Privacy Policy. By using the Services, you consent to all actions we take with respect to your information in compliance with our Privacy Policy.

Third-Party Websites and Content

You may be sent or linked to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by Company, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by Company. If you decide to leave the Services and access the Third-Party Websites or to use any Third-Party Content, you do so at your own risk. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services. Any purchases you make through Third-Party Websites will be governed by the terms and conditions of the applicable website provider, and Company takes no responsibility whatsoever in relation to such purchases. You acknowledge that Company does not endorse the products or services offered on Third-Party Websites and you shall hold Company and its affiliates harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold Company and its affiliates harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

ARBITRATION CLAUSE AND CLASS ACTION WAIVER

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ANY CLAIM, DISPUTE, OR CONTROVERSY OF WHATEVER NATURE ARISING OUT OF OR RELATING TO THIS AGREEMENT AND/OR THE SITE MUST BE RESOLVED BY FINAL AND BINDING ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION’S (“AAA”) RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU ARE GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ALL DISPUTES IN COURT BEFORE A JUDGE OR JURY.

BY AGREEING TO THIS AGREEMENT, ARBITRATION CLAUSE & CLASS ACTION WAIVER, YOU AND THE COMPANY ARE GIVING UP THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM THAT EITHER SIDE MAY HAVE AGAINST THE OTHER, INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. 

The AAA Rules are available at www.adr.org/rules or by calling the AAA at 1-800-778-7879.

Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies, or awards that conflict with this Agreement. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to, or connected with the use of the Company’s Services or this Agreement must be filed within one (1) year after such claim of action arose or be forever banned. Unless you and Company agree otherwise, any arbitration hearings between you and Company will take place in New York County, New York.

If any portion of this arbitration clause is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from this Agreement (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this arbitration clause or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the arbitration clause; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.

This arbitration agreement will survive the termination of your relationship with the Company.

Governing Law and Forum for Disputes

This Agreement shall be governed and construed in accordance with the laws of the State of New York, without regard to conflict of law provisions. You and Company consent to personal jurisdiction in New York courts. Any dispute with Company, or its officers, directors, employees, agents, or affiliates, arising under or in relation to this Agreement shall be resolved exclusively as specified in the ARBITRATION CLAUSE & CLASS ACTION WAIVER clause above, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case Company may seek such relief in any court with jurisdiction over the parties.

MISCELLANEOUS 

Severability and Survival 

If any portion of these Terms is determined to be null and void, that portion will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect. 

Limited Liability

IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, DIRECTORS, OFFICERS, SHAREHOLDERS, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE, OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO, OR USE OF THE COMPANY OR FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED ON OR THROUGH THE COMPANY SITE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS EXPRESSLY STATED ABOVE, THE COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO ONE HUNDRED DOLLARS USD ($100 USD). THE FOREGOING LIMITATION OF LIABILITY WILL NOT APPLY WHERE PROHIBITED BY LAW.

Indemnity 

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD COMPANY, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, DIRECTORS, OFFICERS, SHAREHOLDERS, OR AGENTS HARMLESS FROM ANY CLAIMS, LOSSES, LIABILITY COSTS, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEY’S FEES) ARISING FROM (I) YOUR VIOLATION OF ANY THIRD PARTY’S RIGHTS, (II) YOUR USE OF COMPANY’S SERVICES, OR (III) YOUR BREACH OR VIOLATION OF ANY OF THIS AGREEMENT.

No Joint Venture

No joint venture, partnership, employment, or agency relationship exists between you and Company as a result of these Terms or use of the Services or Site.

Force Majeure 

Neither party (you or the Company) shall be held liable for inadequate performance of this Agreement to the extent caused by a condition that was beyond the parties’ reasonable control (including but not limited to a natural disaster, pandemic, governmental action, riot, or an act of war or terrorism).

Entire Agreement 

These Terms and our Privacy Policy constitute the sole and entire agreement between you and the Company with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral.

No Assignment 

You may not assign these Terms without the Company's prior written approval. The Company may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of the Company's equity, business, or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void.

Delay in Enforcing These Terms 

Our failure to enforce a provision is not a waiver of our right to do so later.

Contact Us

We appreciate your feedback, and you agree that we may use it without restriction or compensation to you. All feedback, comments, requests for technical support and other communications relating to the Services should be sent to: support@beneficialcomputing.org.