Terms of Use

1.1 "Platform" means the EIGHQ platform, including eighq.com and all subdomains, web and mobile applications, software, databases, dashboards, tools, content, features and related services made available by EIG.

1.2 "Agent" means a licensed insurance producer who is contracted with, appointed through, or otherwise approved by EIG to use the Platform.

1.3 "Authorized User" means an Agent, or staff of an Agent or of EIG, whom EIG has authorized in writing or through the Platform to access the Platform.

1.4 "Client Information" means any information relating to an identified or identifiable individual consumer, prospect, applicant, enrollee or Medicare beneficiary, including Protected Health Information.

1.5 "Protected Health Information" or "PHI" has the meaning given in 45 C.F.R. § 160.103.

1.6 "Applicable Law" means all federal, state and local laws, regulations and binding guidance applicable to your activities, including the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations ("HIPAA"), the Medicare statutes and regulations and the Centers for Medicare & Medicaid Services ("CMS") Medicare Communications and Marketing Guidelines, the Telephone Consumer Protection Act, the CAN-SPAM Act, the Telemarketing Sales Rule, and state insurance, privacy and consumer protection laws.

1.7 "Carrier Requirements" means the contracts, policies, guidelines, training and certification requirements of any insurance carrier, health plan or field marketing organization with which you are contracted or appointed.

1.8 "Related Agreements" means the Agent Platform Agreement, any Business Associate Agreement between you and EIG, the EIG Privacy Policy, and any producer, contracting or compensation agreement between you and EIG.

1.9 "User Content" means any data, records, documents, recordings, notes or other material that you submit, upload, enter or generate on the Platform.

2.1 Acceptance. By creating an account, checking an acceptance box, clicking to accept, or accessing or using the Platform in any manner, you acknowledge that you have read, understood and agree to be bound by these Terms and the Related Agreements. If you do not agree, you are not authorized to access or use the Platform and must immediately cease doing so.

2.2 Electronic Signature. You agree that your electronic acceptance of these Terms constitutes your signature and has the same legal effect as a handwritten signature under the Electronic Signatures in Global and National Commerce Act and the Nevada Uniform Electronic Transactions Act (NRS Chapter 719).

2.3 Authority. If you accept these Terms on behalf of an agency or other entity, you represent and warrant that you have full authority to bind that entity, and "you" includes that entity.

3.1 Eligibility. You represent and warrant that you: (a) are at least eighteen (18) years of age; (b) hold, and will maintain in good standing, all licenses, appointments, certifications and registrations required for the activities you perform through the Platform, or are staff authorized by EIG to support licensed Agents; (c) are not excluded, debarred, suspended or otherwise ineligible to participate in Medicare or any other federal or state health care program; (d) are not listed on the U.S. Department of the Treasury Office of Foreign Assets Control Specially Designated Nationals list; and (e) will provide true, accurate, current and complete registration information and promptly update it.

3.2 Verification. You authorize EIG to verify your identity, licenses, appointments, certifications and exclusion status at any time, including through the National Insurance Producer Registry, state insurance departments, the HHS Office of Inspector General List of Excluded Individuals/Entities, and similar sources.

3.3 Notice of Change. You shall notify EIG in writing within two (2) business days of any suspension, revocation, lapse or expiration of any license or appointment, any exclusion or sanction, or any regulatory complaint, inquiry or disciplinary action relating to your insurance activities.

3.4 Discretion. EIG may approve, deny, limit or revoke access to the Platform in its sole discretion.

4.1 These Terms apply together with the Related Agreements. In the event of a conflict, the following order of precedence applies: (a) any signed Business Associate Agreement; (b) the signed Agent Platform Agreement; (c) these Terms; and (d) the Privacy Policy. Nothing in these Terms amends your producer, contracting or compensation agreements with EIG or any carrier.

5.1 Individual Credentials. Your account credentials are personal to you and may not be shared, transferred or used by any other person. You shall not permit any person to access the Platform using your credentials.

5.2 Security Measures. You shall use multi-factor authentication and all other security measures EIG requires; access the Platform only from secure devices protected by current operating system updates, screen locks and malware protection; and not access the Platform over unsecured public networks without a secure connection.

5.3 Responsibility. You are responsible for all activity occurring under your account, whether or not authorized by you.

5.4 Notice of Compromise. You shall notify EIG immediately, and in any event within twenty-four (24) hours, upon discovering or suspecting any unauthorized access to your account, loss of a device used to access the Platform, or compromise of your credentials.

5.5 Protective Action. EIG may, without liability, terminate sessions, require credential resets, restrict features, or suspend any account where EIG reasonably believes action is necessary to protect the Platform, Client Information, EIG or any third party.

6.1 Limited License. Subject to your continued compliance with these Terms, EIG grants you a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Platform solely to conduct insurance business through EIG in accordance with Applicable Law and Carrier Requirements.

6.2 Reservation of Rights. The Platform is licensed, not sold. All rights not expressly granted in these Terms are reserved by EIG and its licensors.

7.1 You shall not, and shall not permit any person to:

(a) access, view, use or attempt to access any Client Information or record that you are not authorized to access, or circumvent, disable or interfere with any security, access-control or audit feature of the Platform;

(b) upload, enter, use or disclose Client Information without a lawful basis and any required consent or authorization of the individual;

(c) use the Platform to initiate any call, text message, email or other communication in violation of Applicable Law, Carrier Requirements, or any consumer's do-not-contact or opt-out request;

(d) create, alter, backdate or submit any false, misleading, incomplete or unauthorized record, including any Scope of Appointment, consent, application, enrollment or call recording;

(e) export, download, copy, print, transmit, sell, rent or disclose Client Information except as expressly permitted by these Terms, the Related Agreements and Applicable Law;

(f) copy, modify, translate, frame, scrape, reverse engineer, decompile or disassemble the Platform, or create derivative works of or any competing product or service based on the Platform;

(g) resell, sublicense, lease or otherwise make the Platform available to any third party;

(h) upload or transmit any virus, malware or harmful code, or conduct any vulnerability scan, penetration test or load test of the Platform without EIG's prior written consent;

(i) use the Platform in connection with any fraudulent, deceptive, discriminatory or unlawful activity, including any activity prohibited by CMS; or

(j) access or use the Platform after your license, appointment, contract with EIG or authorization has lapsed, been suspended or terminated.

8.1 Acknowledgment. You acknowledge that the Platform contains Client Information, including PHI, that is subject to HIPAA, Applicable Law, Carrier Requirements and contractual obligations of EIG to carriers and other parties.

8.2 Permitted Use. You shall use and disclose Client Information solely as necessary to provide insurance services to the individual to whom it relates, and only as permitted by these Terms, the Related Agreements, HIPAA and Applicable Law. You shall limit your access, use and disclosure to the minimum necessary to accomplish the intended purpose.

8.3 Safeguards. You shall implement and maintain administrative, physical and technical safeguards appropriate to protect Client Information in your possession or control. Without EIG's prior written approval, you shall not store Client Information on personal devices, personal email accounts, removable media or any application or service outside the Platform, including any artificial intelligence tool.

8.4 Incident Reporting. You shall report to EIG in writing any actual or suspected unauthorized access, use or disclosure of Client Information, or any security incident affecting the Platform, without unreasonable delay and in no event later than twenty-four (24) hours after discovery. You shall cooperate fully with EIG's investigation, mitigation, and any notices to individuals, carriers or regulators, and shall not make any such notice yourself without EIG's prior written consent unless required by law.

8.5 Business Associate Agreement. Where required by HIPAA or Carrier Requirements, you shall execute EIG's Business Associate Agreement or other data protection agreement as a condition of access.

8.6 Ownership and Return. Ownership of Client Information and User Content, and the rights and obligations of the parties upon termination, are governed by the Agent Platform Agreement. Absent a signed Agent Platform Agreement, all Client Information and User Content maintained on the Platform shall be deemed records of EIG, and you shall have no right to retain, export or use such information following termination except as required by Applicable Law.

9.1 Sole Responsibility. The Platform provides tools designed to support compliance, including Scope of Appointment capture, audit trails and role-based access. Such tools do not ensure compliance. You are solely responsible for compliance with Applicable Law and Carrier Requirements in all of your activities, including the completeness, accuracy, suitability and lawfulness of every communication, recommendation, Scope of Appointment, consent, application and enrollment you make or submit.

9.2 Training and Certification. You shall complete, before engaging in any sales activity, all annual training, testing and certifications required by CMS and each applicable carrier, and shall provide evidence of completion upon request.

9.3 No Legal Advice. Nothing on the Platform constitutes legal, tax, regulatory or compliance advice. You should consult your own advisors.

9.4 Cooperation. You shall cooperate promptly and fully with any audit, investigation, complaint, inquiry or request for records by EIG, any carrier, CMS, any state insurance department or any other governmental authority relating to your activities, and shall provide all information and records reasonably requested.

10.1 Consent to Monitoring. You acknowledge and agree that EIG may, without further notice, monitor, log, record, review, audit and retain all activity on the Platform, including logins, record access, changes, communications and exports, for security, compliance, quality assurance, legal and business purposes. You have no expectation of privacy in your use of the Platform.

10.2 Disclosure. EIG may disclose records of your activity and User Content to carriers, regulators, law enforcement, courts and professional advisors where EIG determines in good faith that disclosure is required by law, Carrier Requirements or legal process, or is necessary to protect EIG, individuals or the Platform.

11.1 EIG may retain Client Information, User Content and activity records for the periods required by Applicable Law and Carrier Requirements, which for certain Medicare records is at least ten (10) years, and for any longer period necessary to comply with a legal hold or to establish, exercise or defend legal claims, notwithstanding any termination of your access.

12.1 Unless you have a separate written employment agreement with EIG, you are an independent contractor. Nothing in these Terms or your use of the Platform creates any employment, partnership, joint venture, franchise or agency relationship between you and EIG, and you have no authority to bind EIG. You are solely responsible for your own taxes, licenses, business expenses, insurance and errors and omissions coverage.

13.1 No Guarantee. Commission figures, plan and benefit information, reports, dashboards, forecasts and other data displayed on the Platform are provided for convenience only, may be estimated, delayed, incomplete or inaccurate, and do not constitute a statement of amounts owed.

13.2 Controlling Documents. Carrier commission statements and your written compensation agreements exclusively determine compensation payable to you. No figure displayed on the Platform creates any obligation of EIG to pay any amount.

13.3 Verification. You are responsible for verifying plan, benefit, formulary, provider network and pricing information with official carrier and CMS sources before presenting it to any individual.

14.1 Any leads provided, sold or routed to you by or through EIG may be used only for the purpose, and within the scope of the consent, under which they were obtained, and subject to any lead terms in the Agent Platform Agreement. You shall honor all opt-out and do-not-contact requests. EIG makes no representation or warranty regarding the quantity, quality, accuracy, consent status beyond that documented, or conversion of any lead, and all lead fees, if any, are non-refundable except as expressly stated in writing.

15.1 EIG may provide administrative, intake, scheduling and service support through its employees and contractors (the "Support Team"). The Support Team does not engage in any activity requiring an insurance license, does not provide insurance, legal or tax advice, and does not act as your agent. You remain solely responsible for reviewing, approving and supervising all work performed for your clients and for all acts requiring a license. EIG does not guarantee the availability, response times or results of the Support Team.

16.1 The Platform may interoperate with or rely on third-party services, including carrier portals, communication providers and hosting providers. Such services are governed by their own terms. EIG does not control and is not responsible or liable for any third-party service, its availability, security or content.

17.1 "EIG Confidential Information" means all non-public information disclosed to you or accessed by you through the Platform or your relationship with EIG, including business methods, workflows, pricing, commission schedules, carrier contract terms, lead sources, marketing strategies, software and Platform features, and Client Information.

17.2 You shall hold EIG Confidential Information in strict confidence, use it solely to perform services through EIG, and not disclose it to any third party without EIG's prior written consent, during your use of the Platform and for three (3) years thereafter, and with respect to Client Information and trade secrets, for as long as such information remains protected by law.

17.3 You shall promptly return or, at EIG's direction, destroy EIG Confidential Information in your possession upon termination or EIG's request, except as Applicable Law requires you to retain it.

18.1 Ownership. The Platform, and all software, code, designs, text, graphics, workflows, compilations and other content comprising it, and the EIGHQ, EIG, EJ Insurance Group and EIG Senior Care names, logos and trademarks, are the exclusive property of EIG or its licensors and are protected by copyright, trademark, trade secret and other laws. You may not use any EIG name, logo or trademark without EIG's prior written consent.

18.2 License to User Content. You grant EIG a worldwide, non-exclusive, royalty-free, perpetual license to host, store, process, reproduce, display and use User Content as necessary to operate, secure, support and improve the Platform, perform EIG's services, and comply with Applicable Law and Carrier Requirements, subject to the Related Agreements and the Privacy Policy.

18.3 Feedback. Any suggestion, idea or feedback you provide regarding the Platform may be used by EIG without restriction or compensation, and you hereby assign to EIG all right, title and interest therein.

19.1 During your use of the Platform and for twelve (12) months thereafter, you shall not, directly or indirectly, solicit for employment or engagement, or hire or engage, any member of the Support Team or any other EIG employee or contractor with whom you had contact through the Platform, without EIG's prior written consent. General advertisements not targeted at EIG personnel do not violate this Section.

20.1 EIG may modify, update, suspend or discontinue the Platform, or any feature of it, at any time with or without notice and without liability. EIG may offer features identified as beta, preview or pilot, which are provided solely “as is” and may be withdrawn at any time.

21.1 By You. You may stop using the Platform at any time upon written notice to EIG, subject to your continuing obligations under these Terms and the Related Agreements.

21.2 By EIG. EIG may suspend, restrict or terminate your access to all or any part of the Platform, immediately and without prior notice or liability, for any reason or no reason, including if: (a) you breach these Terms or any Related Agreement; (b) any required license, appointment, certification or contract lapses, is suspended or is terminated; (c) you become subject to any exclusion, sanction, complaint or investigation; or (d) EIG determines that your continued access poses a risk to individuals, EIG, any carrier or the Platform.

21.3 Effect. Upon suspension or termination: (a) all licenses granted to you terminate immediately; (b) you shall immediately cease all use of the Platform; (c) you shall comply with Articles 8, 17 and any applicable provisions of the Related Agreements regarding Client Information and EIG Confidential Information; and (d) the handling of client records, pending business and compensation shall be governed by the Related Agreements. Termination does not relieve you of any obligation accrued before termination.

21.4 Survival. Articles 1, 8 through 13, 17 through 19, 21.3, 21.4 and 22 through 30, and any other provision that by its nature should survive, shall survive any termination or expiration of these Terms.

22.1 THE PLATFORM, THE SUPPORT TEAM, ALL LEADS, DATA AND CONTENT ARE PROVIDED "AS IS," "AS AVAILABLE" AND "WITH ALL FAULTS." TO THE FULLEST EXTENT PERMITTED BY LAW, EIG EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY OR ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, SECURITY AND QUIET ENJOYMENT.

22.2 WITHOUT LIMITING THE FOREGOING, EIG DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DATA WILL NOT BE LOST OR CORRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT USE OF THE PLATFORM WILL RESULT IN ANY SALES, ENROLLMENTS, COMMISSIONS, RETENTION OR COMPLIANCE WITH APPLICABLE LAW OR CARRIER REQUIREMENTS. YOU ASSUME ALL RISK ARISING FROM YOUR USE OF THE PLATFORM.

23.1 Exclusion of Damages. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EIG PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, COMMISSIONS, RENEWALS, BUSINESS, GOODWILL, CLIENTS, DATA OR OPPORTUNITY, OR ANY REGULATORY FINE, PENALTY OR CHARGEBACK IMPOSED ON YOU, ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

23.2 Cap. TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE EIG PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM SHALL NOT EXCEED THE GREATER OF (a) ONE HUNDRED U.S. DOLLARS (US $100) OR (b) THE TOTAL FEES, IF ANY, THAT YOU PAID TO EIG SPECIFICALLY FOR ACCESS TO THE PLATFORM DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

23.3 Basis of the Bargain. You acknowledge that the disclaimers and limitations in Articles 22 and 23 are an essential basis of the bargain between you and EIG, and that EIG would not provide the Platform without them. These limitations apply even if any remedy fails of its essential purpose, but do not limit liability that cannot be limited under Applicable Law.

24.1 You shall defend, indemnify and hold harmless the EIG Parties from and against any and all claims, demands, actions, investigations, losses, liabilities, damages, judgments, settlements, fines, penalties, chargebacks, commission recoupments, costs and expenses, including reasonable attorneys' and experts' fees and costs of breach notification and credit monitoring, arising out of or relating to: (a) your breach of these Terms or any Related Agreement; (b) your violation of Applicable Law or Carrier Requirements; (c) any unauthorized access, use or disclosure of Client Information by you or through your account; (d) any communication, recommendation, sale, application or enrollment made by you; (e) your User Content; or (f) your negligence, fraud or willful misconduct.

24.2 EIG may assume the exclusive defense and control of any matter subject to indemnification by you, at your expense, and you shall cooperate fully. You shall not settle any such matter without EIG's prior written consent.

25.1 Informal Resolution. Before commencing any arbitration or action, the party asserting a claim shall send the other party a written notice describing the claim and relief sought, and the parties shall attempt in good faith to resolve the dispute for thirty (30) days after the notice is received.

25.2 Binding Arbitration. Except as provided in Section 25.6, any dispute, claim or controversy arising out of or relating to these Terms, the Platform or your relationship with EIG, including the formation, scope, validity or enforceability of this Article 25 (each, a "Dispute"), shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules before a single arbitrator. The arbitration shall be held in Las Vegas, Clark County, Nevada, unless the parties agree otherwise. The Federal Arbitration Act, 9 U.S.C. § 1 et seq., governs this Article 25. Judgment on the award may be entered in any court of competent jurisdiction.

25.3 Class and Collective Action Waiver. ALL DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY. YOU AND EIG EACH WAIVE ANY RIGHT TO BRING, JOIN OR PARTICIPATE IN ANY CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE ACTION OR ARBITRATION. The arbitrator may not consolidate claims of more than one person or preside over any form of class or representative proceeding.

25.4 Jury Trial Waiver. TO THE EXTENT ANY DISPUTE PROCEEDS IN COURT RATHER THAN ARBITRATION, YOU AND EIG EACH KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A TRIAL BY JURY.

25.5 Time Limit to Bring Claims. TO THE FULLEST EXTENT PERMITTED BY LAW, ANY CLAIM BY YOU ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM ACCRUES, OR IT IS PERMANENTLY BARRED.

25.6 Exceptions. Notwithstanding Section 25.2, EIG may seek temporary, preliminary or permanent injunctive relief or other equitable relief in any court of competent jurisdiction to protect Client Information, EIG Confidential Information, its intellectual property or the security of the Platform, or to enforce Articles 7, 8, 17, 18 or 19, and either party may bring an individual claim in small claims court within its jurisdictional limits.

25.7 Opt-Out. You may opt out of the agreement to arbitrate in Section 25.2 by sending written notice to EIG at the address in Article 30 within thirty (30) days after you first accept these Terms, stating your name, email address and your decision to opt out. Opting out does not affect any other provision of these Terms.

25.8 Severability of Waivers. If the class action waiver in Section 25.3 is found unenforceable as to any claim, that claim shall be severed and proceed in court under Article 26, and the remainder of this Article 25 shall remain in effect.

26.1 These Terms and all Disputes shall be governed by the laws of the State of Nevada, without regard to its conflict-of-law rules, except that Article 25 is governed by the Federal Arbitration Act. Subject to Article 25, the state and federal courts located in Clark County, Nevada shall have exclusive jurisdiction and venue, and you irrevocably consent to the personal jurisdiction of such courts and waive any objection based on inconvenient forum.

26.2 Equitable Relief. You acknowledge that any breach of Articles 7, 8, 17, 18 or 19 would cause EIG irreparable harm for which monetary damages would be inadequate, and that EIG shall be entitled to injunctive relief without the necessity of posting bond or proving actual damages, in addition to all other remedies.

26.3 Attorneys' Fees. In any action or arbitration to enforce these Terms, the prevailing party shall be entitled to recover its reasonable attorneys' fees and costs, except where prohibited by law.

27.1 EIG may amend these Terms at any time by posting the amended Terms on the Platform with a revised "Last updated" date. For material amendments, EIG will provide notice through the Platform or by email and may require your affirmative acceptance before further use. Your continued use of the Platform after the effective date of any amendment constitutes acceptance. Amendments to Article 25 shall not apply to any Dispute of which EIG had actual notice before the amendment took effect.

28.1 You consent to receive all agreements, notices, disclosures and other communications from EIG electronically, including by email to the address associated with your account or by posting on the Platform, and agree that such communications satisfy any legal requirement that they be in writing. Notices to EIG must be sent in writing to the contact information in Article 30.

29.1 Entire Agreement. These Terms, together with the Related Agreements, constitute the entire agreement between you and EIG regarding the Platform and supersede all prior or contemporaneous understandings regarding its subject matter.

29.2 Severability. If any provision of these Terms is held invalid or unenforceable, it shall be enforced to the maximum extent permissible and the remaining provisions shall remain in full force and effect.

29.3 No Waiver. No failure or delay by EIG in exercising any right shall operate as a waiver of that right.

29.4 Assignment. You may not assign or transfer these Terms or any rights or obligations under them, by operation of law or otherwise, without EIG's prior written consent. EIG may freely assign these Terms, including in connection with a merger, acquisition, reorganization or sale of assets. Any prohibited assignment is void.

29.5 Force Majeure. EIG shall not be liable for any delay or failure to perform resulting from causes beyond its reasonable control, including acts of God, natural disasters, pandemics, war, terrorism, labor disputes, governmental action, cyberattacks, or failures of utilities, networks, hosting or third-party service providers.

29.6 Interpretation. Headings are for convenience only and do not affect interpretation. The words "including" and "include" mean "including without limitation." These Terms shall not be construed against either party as the drafter.

29.7 No Third-Party Beneficiaries. Except for the EIG Parties under Articles 23 and 24, these Terms confer no rights on any third party.

29.8 Remedies Cumulative. EIG's rights and remedies under these Terms are cumulative and in addition to any other rights and remedies available at law or in equity.

Notices and questions regarding these Terms, arbitration opt-out notices, and reports of security incidents or unauthorized disclosure of Client Information shall be directed to: