Terms and Conditions of Use

1. Agreement and Acceptance

These Terms and Conditions of Use (the “Terms”) govern the use of the EZ ERISAPLAN website (the “Website”). EZ ERISA, LLC ( “EZ ERISAPlan”, “we”, or “us”) owns and operates the Website and all of the content, code and materials on it. By visiting the Website, creating an account or otherwise using any part of the Website, you agree to these Terms. EZ ERISAPlan may change these Terms at any time, and continued use of the Website after a change constitutes acceptance of the updated Terms.

EZ ERISAPlan may revise these Terms at any time in its sole discretion by posting an updated version on the Website. Your continued access or use after such posting constitutes your agreement to the revised Terms

1.1 Definitions

Visitor – an individual who accesses the Website without creating an account.
User – an individual or entity that creates an account on the Website by establishing a user identifier and password.
Authorized Partner – an insurance brokerage, accounting firm, law firm, or other entity that has entered into a separate written agreement with EZ ERISAPlan to resell the Website’s products. Authorized Partners are also subject to the terms and conditions of any separate written agreements with EZ ERISAPlan.
End User – the individual or entity for whom a Use Document is provided (e.g., the client or other recipient that adopts and accepts the Use Document).
Use Document – a document, template, form, plan document, compliance material, or other output generated, customized, edited, or finalized through the Website (including any draft, preview, or final version, and any PDF or other exported file). A Use Document is provided for use in connection with the applicable employee plan(s). A Use Document is licensed, not sold, and is subject to these Terms regardless of whether it is accessed, downloaded, printed, shared, or delivered by a User or an Authorized Partner to an End User.
You – collectively refers to Visitors, Users, and Authorized Partners. You are responsible for informing each End User that the End User is bound by these Terms, and for ensuring that each End User’s adoption or acceptance of a Use Document is subject to these Terms.

2. User Accounts and Responsibilities

Accurate Information – You are required to: provide true, accurate, current, and complete information when prompted by the Website and to maintain and update such information so that it remains true, accurate, current, and complete. If you intentionally or negligently provide untrue, inaccurate, not current, or incomplete information, EZ ERISAPlan may terminate your account, void any contracts or warranties, and refuse current or future use of the Website.
Access – You acknowledge that the availability or appearance of content on the Website may vary depending on your browser, device capabilities, or other technical limitations, and EZ ERISAPlan is not liable for such variations You are responsible for your own access to the Internet and any fees or costs associated with such access. EZ ERISAPlan is not liable if you are unable to access or use the Website due to issues with your Internet service, the performance, configuration, or compatibility of the computer or device you use to access the Website, or any other technical limitations.
Account Security – You are responsible for maintaining the security of your username and password. You are responsible for all activity under your account, including activity by employees or agents. Unauthorized sharing of login credentials is prohibited.

3. Ownership and Intellectual Property

Ownership of the Website and Content – EZ ERISAPlan owns or holds licenses to all trademarks, service marks, trade names, text, templates, software, processes and other intellectual property on the Website. The Website content, any documentation templates, plan language, Q&A formats (including the questions, prompts, and answer choices presented to users), code, logic, styles and processes are copyrighted works of EZ ERISAPlan. Visitors may not download or copy content from the Website.
License, Not Sale – The Website and the documents generated by it are licensed, not sold. All rights not expressly granted to you are reserved. Nothing in these Terms transfers any ownership interest in the Website, the underlying templates, or any documents generated via the Website.

4. License to Use Platform and Generated Documents

4.1 Grant of License

Upon creating an account and, if applicable, purchasing a subscription, EZ ERISAPlan grants you a limited, non-exclusive, non-transferable, revocable license to:

Access and Use the Platform – Use of the Website and its document-generation tools via your account is subject to these Terms.
Generate and Use Documents – Generate wrap plan documents, cafeteria plan documents, HIPAA compliance documents, prescription drug benefit plan documents, Health Reimbursement Account (HRA) plan documents, and other compliance materials through the Website. You may download, print, and use the final documents for the sole purpose of administering your specific employee plan(s). The license allows you to distribute the final documents to plan participants, beneficiaries, insurers, auditors, regulators, or other parties who are required to receive the documents to comply with ERISA and other applicable compliance laws.

This license is conditioned on your compliance with these Terms. Any rights not expressly granted are reserved.

4.2 Duration of License

Once generated, the documents may be used indefinitely for the plan for which they were created. However, any warranty protections provided by EZ ERISAPlan apply only to Subscribers with an active subscription; if your subscription lapses, you may continue to use the document but will not be entitled to any warranty or compliance guarantee.

4.3 Authorized Partners and Third‑Party Use

Authorized Partners may generate documents through the Website for their clients pursuant to a separate Authorized Partner agreement. Authorized Partners must ensure that their clients and any End Users are aware of and agree to these Terms, and any documents delivered to an end client or other End User remain subject to the license restrictions herein. Except for Authorized Partners, you may not resell, sublicense or otherwise transfer any access to the Website or the generated documents.

5. Restrictions on Use

The following restrictions apply to your use of the Website and any documents generated through it:

No Unauthorized Editing or Modifications Outside the Platform – You may not edit, modify, translate, adapt, or create derivative works from any document generated by the Website outside of the Website’s own editing tools. All changes must be made through the Website’s question‑and‑answer interface or document editor. Converting a final PDF to another format for editing, removing, or adding language manually, or otherwise altering the document outside the Website is strictly prohibited. You are prohibited from altering program files, creating derivative works, or reverse engineering any part of the service or its outputs.
No Removal of Watermarks or Embedded Notices – Draft documents generated through the Website may include a “DRAFT” watermark or similar designation. Final documents may include a notice on the last page stating that the document is subject to these Terms and is copyrighted by EZ ERISAPlan. You are prohibited from removing, obscuring, or altering any watermarks, headers, footers, copyright notices, trademarks, or other proprietary legends on the Website or in any draft or final document without prior written approval.
No Circumvention of Security Measures – For documents delivered as a locked or read‑only file, you are prohibited from attempting to circumvent any security features included in the document. You are prohibited from attempting to bypass, disable, or interfere with any digital rights management, encryption, password protection, or other technical measures applied to the Website or to documents generated by it.
No Unauthorized Distribution or Resale – Except as expressly permitted (sharing final documents with plan participants, regulators, insurers, auditors, and other parties who are required to receive the document to comply with a specific plan), you may not distribute, publish, sublicense, sell, lease, or otherwise provide the documents to any third party. Use of the Website or its products in a manner that results in resale of the products is prohibited unless you are an Authorized Partner.
No Derivative Works – You may not extract language from the documents to create your own templates, policy forms, or compliance tools. Any derivative works based on the service or its documentation are prohibited.
No Reverse Engineering or Platform Misuse – You must not copy, disassemble, decompile, reverse engineer, or attempt to discover the source code or underlying algorithms of the Website or its document templates. You may not use the Website or its outputs to develop a competing product or service. Automated scraping, bots or any other method of gaining unauthorized access to the Website is prohibited.

Violation of any of these restrictions constitutes a material breach of these Terms and may result in immediate termination of your access to the Website and may void any warranty protections.

6. Drafts and Final Documents

Draft Documents – When generating a draft document, the output may include a “DRAFT” watermark and may include other identifying information such as the date, username. Draft documents are provided for review and editing via the Website only. Draft documents are not final and should not be relied on as final plan documents. Removing or altering the “DRAFT” watermark is prohibited.
Final Documents – Once a document is finalized through the Website, the Website may generate a final, locked document. Final documents may include a statement indicating that the document is licensed, not sold, and subject to these Terms (e.g., on the last page). Removal of this notice is prohibited. To change a finalized document, you must do so through the Website.

7. User Conduct

While using the Website, you must not:

Download, copy, print, or obtain copies of any content or code except for the documents provided with your subscription;
Restrict or inhibit any other user from using and enjoying the Website;
Post or transmit unlawful, defamatory, obscene, threatening, or offensive material, or any material that encourages conduct that would constitute a criminal offense or give rise to civil liability;
Post or transmit any information or software that contains a virus, trojan horse, worm or other malicious component;
Upload, post, publish, or distribute any material protected by copyright or other proprietary rights without permission;
Upload, post, publish, or distribute any component of the Website or any derivative works thereof.

8. Warranty, Disclaimer and Limitation of Liability

Warranty for Subscribers – Subscribers with an active subscription may receive certain warranty protections as described on the Website. The warranty applies only while the subscription is active and only to documents used as provided through the Website. Any unauthorized modification or use of a document outside the Website voids the warranty.
No Warranty – For users without an active subscription or Authorized Partner agreement, the Website and its content are provided “AS IS” without warranties of any kind. EZ ERISAPlan disclaims any warranties regarding the availability, accuracy, or usefulness of information and any implied warranties of merchantability, fitness for a particular purpose or non‑infringement.

THE SITE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SITE. SPECIFICALLY, EZERISA PLAN DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES AND (2) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. EZERISA PLAN AND ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, WEBSITE CO-BRANDING PROVIDERS AND CONTENT AND SERVICE PROVIDERS SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR OTHER THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF SERVICE OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF EZERISA PLAN, ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, WEBSITE CO-BRANDING PROVIDERS AND CONTENT OR SERVICE PROVIDERS RESPECTIVE LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH STATE LAW.

TO THE EXTENT THAT YOU HAVE PURCHASED A SEPARATE WARRANTY, THE ABOVE APPLIES EXCEPT FOR AND ONLY TO THE EXTENT OF ANY SUCH PAID FOR WARRANTY.
Limitation of Liability – EZ ERISAPlan and its affiliates shall not be liable for any direct, indirect, incidental, special or consequential damages arising out of use of or inability to use the Website or its services. In states where limitations on liability are not permitted, liability is limited to the maximum extent allowed by law.
External Links - In the event the Website provides links to external sites, EZ ERISAPlan is not responsible for the accuracy, content, or availability of those external sites or resources, and inclusion of such links does not constitute endorsement.

9. Monitoring and Privacy

EZ ERISAPlan may monitor the Website and user activity at any time for any reason. EZ ERISAPlan may disclose information as necessary to satisfy legal requirements or to protect itself or its customers. While EZ ERISAPlan uses encryption and appropriate measures to protect data, there is no guarantee that information you enter will not be intercepted or received by others.

You acknowledge that the security of information transmitted through the Internet can never be guaranteed. EZ ERISAPlan is not responsible for any interception, alteration, loss, disclosure, or misuse of data transmitted through the Website, except to the extent caused solely by EZ ERISAPlan’s failure to use commercially reasonable safeguards.

10. Termination and Indemnification

Termination – EZ ERISAPlan may terminate your access to the Website, your password, or your account at any time without notice if you violate these Terms. Termination may include voiding warranties and denying current or future use of the Website.
Indemnification – You agree to defend, indemnify and hold EZ ERISAPlan, its affiliates, employees, and advisors harmless from any claims, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from your use of the Website, documents generated through the Website, or any materials you transmit through the Website that violate these Terms.

11. Dispute Resolution and Governing Law

These Terms and your relationship with EZ ERISAPlan are governed by the laws of the State of Ohio without regard to conflict-of-laws principles. Any claims arising in connection with the Website, the warranty or its products and services are subject to mandatory and binding arbitration under the Rules of the American Arbitration Association in Cuyahoga County, Ohio.

12. Payment Terms

If you purchase a subscription, you agree to supply current and accurate payment information and to pay all charges at the prices in effect when incurred. You are responsible for any applicable taxes. EZ ERISAPlan uses third‑party payment processors and is not liable for any loss incurred as a result of your dealings with any merchant through the Website.

13. IRS Circular 230 Notice and Disclaimers

Nothing on the Website or in any communication from EZ ERISAPlan constitutes legal or tax advice. Communications from EZ ERISAPlan are not intended or written to be used, and cannot be used, for the purpose of avoiding penalties under the Internal Revenue Code or for promoting, marketing or recommending any transaction.

14. Failure to Enforce

Failure of EZ ERISAPlan to enforce any right or provision of these Terms does not constitute a waiver of that right. If any provision is found invalid, EZ ERISAPlan’s interpretation and discretion in connection with the enforcement of these Terms will be respected. These Terms constitute the entire agreement between you and EZ ERISAPlan with respect to the Website and supersede any prior agreements.

15. Availability, Security, and Third-Party Services

You understand that the Website may be subject to limitations, delays, outages, failures, errors, or other problems inherent in the use of computer systems, the Internet, electronic communications, networks, hosting environments, cloud platforms, or third-party services. EZ ERISAPlan shall not be liable for any damages, losses, or claims arising from or related to any such issues, including any temporary or extended inability to access the Website or any documents generated through it.

You acknowledge that EZ ERISAPlan may use third-party providers, subcontractors, data-centers, hosting platforms, cloud-service vendors, and other external service providers to host, operate, maintain, or deliver all or portions of the Website and its functionality. While EZ ERISAPlan uses commercially reasonable efforts to ensure the secure and reliable operation of the Website, EZ ERISAPlan does not guarantee that the Website will be available at all times or free from interruptions, delays, errors, data loss, unauthorized access, or security vulnerabilities, whether caused by EZ ERISAPlan, its service providers, or otherwise.

EZ ERISAPlan will use commercially reasonable efforts to (i) maintain appropriate administrative, technical, and physical safeguards for the Website, (ii) minimize service interruptions, and (iii) respond to and mitigate outages or security incidents. However, no method of electronic transmission or storage is completely secure, and EZ ERISAPlan does not guarantee absolute security of your data or communications.

16. Force Majeure

EZ ERISAPlan shall not be liable for any failure to perform, delay, interruption, suspension, or degradation of performance resulting from any event or condition beyond its reasonable control, including but not limited to: acts of God, natural disasters, epidemics, pandemics, labor disputes, strikes, governmental actions or restrictions, power failures, utility outages, failures of telecommunications or hosting infrastructure, cyberattacks, distributed denial-of-service attacks, hacking, system intrusions, equipment failures, or failures of third-party providers. During any such period, EZ ERISAPlan’s obligations shall be suspended to the extent affected by the event.

All rights not expressly granted herein are reserved by EZ ERISA, LLC.