Agent Terms of Use

1. Your permission to use Get Covered

We give you, and the agency you sign up or join, a limited permission to use Get Covered to run an insurance business: keep client records, quote plans, track deadlines and commissions, and serve clients. It cannot be transferred or resold, and we may withdraw it if these terms are broken.

2. Your account and your agency

Keep your sign-in details to yourself and tell us straight away at support@getcovered.cloud if you think someone else has used them. You are responsible for what happens in your account.

The person who signs an agency up is its owner and accepts these terms for it. The owner decides who joins, and is responsible for the people they add and what they do in Get Covered. An agent who writes business under an agency joins it; an independent agent has a portal of their own.

3. Acceptable use

When you use Get Covered, do not:

• break any law, including insurance, privacy and marketing law, or help anyone else to;
• mislead or pressure consumers, enroll anyone without their informed agreement, or use their information for anything they have not agreed to;
• reach, or try to reach, a record, client or account that is not yours or your agency's, or get around Get Covered's security;
• upload viruses or anything else meant to harm Get Covered, or copy or collect information from it by automated means;
• share your sign-in with anyone, including others at your agency, who must each have their own.

4. Personal information of your clients

You may put a client's personal information into Get Covered only if you are allowed to hold and use it. Keep it to what you need to serve them, protect it as the law requires, and use it only for the purposes they agreed to. Tell us straight away if you believe it has been exposed.

5. Health information and HIPAA

Client records in Get Covered can include health information. Get Covered keeps it in an encrypted database on a private network in Amazon Web Services in the United States, and each agent sees only their own clients. Where the law requires one, Get Covered and your agency will sign a business associate agreement setting out how health information is protected; its text is being prepared with counsel and will be offered to every agency.

6. Following the law

You are responsible for following the laws that apply to your business, including state insurance licensing and appointment rules; the Affordable Care Act and the rules of the Marketplace and state exchanges, including 45 CFR §155.220 and §155.260; privacy and security law; and the Telephone Consumer Protection Act and other rules on calls, texts and email.

7. Marketplace agents and brokers

If you help consumers with Marketplace coverage, you must be registered with the Centers for Medicare & Medicaid Services for the current plan year and meet the Marketplace's agreements and standards. Get Covered checks National Producer Numbers against the public CMS registration list, but the duty to be registered and compliant is yours. When Get Covered helps you with Marketplace work, you agree that it may be treated as your downstream or delegated entity where those rules say so, and you will give us what we reasonably need to meet those rules.

8. Consumer consent

Before you search for, apply for or change coverage for a consumer, or look up their Marketplace information, get their consent as the Marketplace and the law require, and keep a record of it, including who gave it, when, and what it covered. Do not contact a consumer by automated call or text without the consent the law requires.

9. Monitoring

To keep Get Covered secure and working, we watch how it is used, including attempts to change or damage it, and keep records of this.

10. Accurate information

Give information about yourself, your licences and your agency that is true, current and complete, and keep it up to date.

11. Our content

Get Covered, its design, text, software and everything else on it belong to Get Covered or the people who license it to us. You may not copy, change, sell or share it except as these terms allow. The client records you put into Get Covered remain yours and your agency's.

12. Our name and marks

Get Covered, Snow AI and their logos are marks of their owners. Do not use them, or suggest that you are part of or endorsed by Get Covered or Snow AI, without written permission.

13. What you promise

You promise that you are allowed to accept these terms for yourself and, if you are an owner, for your agency; that you hold the licences and appointments your work needs; that you have the consents the law requires; and that you will use Get Covered only as these terms and the law allow.

14. Plans, prices and estimates

Plan information comes from healthcare.gov, state exchanges, insurance companies and quoting services. We take care to show it correctly but cannot promise it is free of mistakes. Prices and savings are estimates until the Marketplace or the insurance company decides them, and plans and prices can change. Check what matters with the insurance company before you advise a client.

15. Not medical advice

Nothing on Get Covered is medical advice, for you or for your clients.

16. Availability

We work to keep Get Covered available but cannot promise it always will be, for example during maintenance or when a service it depends on, such as healthcare.gov, is unavailable. Keep what you need to meet deadlines where you can reach it.

17. Security

We protect Get Covered as described in our Privacy Policy and the section on health information above. No system can be made completely secure, so we cannot promise it will never be breached. You are responsible for the security of your own devices and sign-in.

18. No guarantees

Apart from what these terms say, Get Covered is provided as it is and as available, without any other promise, such as that it will suit a particular purpose or never be interrupted. This does not remove any promise that New Jersey or federal law says cannot be removed from a contract like this one.

19. Limits on our responsibility

Get Covered and Snow AI are not responsible for indirect, incidental, special or consequential losses, such as lost profits or lost data, that arise from using Get Covered. Our total responsibility for all claims about Get Covered is limited to one hundred dollars ($100) or, if more, the fees you paid us in the twelve months before the claim.

These limits apply in New Jersey and everywhere else, except that they do not limit our responsibility for death or personal injury caused by our negligence, for our fraud, gross negligence or wilful misconduct, or for anything else New Jersey or federal law does not allow to be limited.

20. Your responsibility to us

If a claim is made against Get Covered or Snow AI because you, your agency or someone you added broke these terms or the law, or misused a client's information, you agree to cover the reasonable costs of it, including legal fees.

21. Suspension

We may suspend or close an account if these terms are broken, if a licence or registration lapses, if we must to protect clients or Get Covered, or if the law requires it. Where we can, we will tell you why first.

22. When an account closes

Before you close an account, export the records you need; we will help. After it closes we keep records only as the law requires, including the record-keeping rules for agents and brokers, and then delete them. If an account is closed for serious misuse, we may keep records we need to protect clients and may share what happened with insurance companies, the Marketplace or regulators where the law allows.

23. Changes to Get Covered and these terms

We may change Get Covered and these terms. When we change the terms we update the date at the top and tell account owners before a significant change takes effect. Using Get Covered after that means you accept it.

24. Who may use Get Covered

You must be 18 or older and live in the United States, hold the licences your work needs, and not have been barred from Get Covered before.

25. How we use the information you give us

We use information about you and your agency to run Get Covered, support you, keep it secure and meet the law, as our Privacy Policy explains. We do not sell your clients' information or use it to advertise. We may tell insurance companies, the Marketplace or regulators about serious misuse where the law allows.

26. Disputes: binding arbitration and giving up court and jury

Please read this section carefully. It affects your rights.

If you and we disagree about Get Covered or these terms, write to us first at support@getcovered.cloud or 65 Avenue B, Lodi, NJ 07644, and we will both try for sixty days to settle it.

If it is not settled, it will be decided by binding arbitration, not in court. By accepting these terms, you and we each give up the right to have the dispute decided by a judge or a jury, and to bring or take part in a class action or other representative action. Arbitration is held with one person at a time, not as a class.

The arbitration is run by the American Arbitration Association under its Commercial Arbitration Rules, before one arbitrator, who may award the same relief a court could for an individual claim. It is held in Bergen County, New Jersey, or by video or in writing if both sides agree. The Federal Arbitration Act governs this section.

Either side may instead take an individual claim to small claims court, if it qualifies there, and either side may ask a court to stop misuse of its name, marks or content.

You may opt out of arbitration by writing to support@getcovered.cloud within thirty days of first accepting these terms, with your name and the words “I opt out of arbitration”. Opting out does not affect anything else in these terms.

27. General

• These terms, any plan or business associate agreement you sign with us, and our Privacy Policy are the whole agreement between you and us about Get Covered.
• Some features are included at no charge. A paid plan, when offered, states its price before you choose it.
• You may not transfer these terms. We may transfer them, for example if the business is sold or reorganized.
• Notices to you go to the email on your account; notices to us go to support@getcovered.cloud or 65 Avenue B, Lodi, NJ 07644.
• If part of these terms cannot be enforced, the rest still applies. If we do not enforce a part straight away, we can still enforce it later.
• These terms are governed by the laws of the State of New Jersey and, where it applies, federal law, without regard to rules that would apply another state’s law. Any case that is not arbitrated is heard in the state or federal courts in New Jersey.
• These terms are written in English, and the English version governs. Any translation is made to the best of our ability through translation services, for convenience only, and has no legal effect.
• Questions about these terms: support@getcovered.cloud or (305) 564-4050.