Terms of Use ("TOU")

PLEASE READ THESE "TERMS OF USE" CAREFULLY. THIS IS A LEGAL AGREEMENT. BY ACCESSING OR OTHERWISE USING ANY PART OF THIS Benefit Data Trust ("BDT") SOFTWARE-AS-A-SERVICE, APPLICATION, CHATBOT, RELATED MATERIALS OR SERVICES (AS DEFINED BELOW), OR OTHERWISE MANIFESTING YOUR ASSENT TO THESE TERMS, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT UNEQUIVOCALLY UNDERSTAND, AGREE AND ACCEPT THE TERMS OF THIS AGREEMENT, DO NOT ACCESS, COPY, OR OTHERWISE USE THE SERVICES.

3.1 Registration: To access the full featured version of the Services, User is required to enter a first name, phone number, choose a self-description from the dropdown, and choose a state from the dropdown. This established a User’s registration account ("Account"). This Account shall be used only by User and User may not share or otherwise disclose User’s Account information to any other party. User shall be responsible for the security, confidentiality, and integrity of User’s Account, any authorized or unauthorized access and use of User’s account by any person, and all information that User receives, transmits through or stores using or through the Services. If, at any time, User learns or suspects that User’s Account information was disclosed or made known to any person other than User, User agrees to immediately notify BDT at [email protected]. User agrees to keep User’s Account information current.

3.2 Monitoring: BDT reserves the right to monitor User accounts to (i) operate the Services properly; (ii) administer and manage BDT's services; (iii) provide all Users with the highest quality products and services; (iv) verify compliance with laws or this Agreement; (v) protect BDT and its users; and/or (vi) satisfy any law, regulation or other government request.

3.3 Other Users: User acknowledges that other users have access to the Services and information made available thereby. The actions of such other users are beyond the control of BDT. Accordingly, BDT does not assume any liability for or relating to any impairment of the privacy, security, confidentiality, integrity, availability or restricted use of the Services or any content provided thereby from any other user’s actions or omissions.

3.4 Privacy: User agrees that BDT may collect, store, and use data about Users and User’s use of the Services. BDT collects, stores, and uses data from Users in accordance with the following privacy policy, located at "the Privacy Policy", which is incorporated herein by this reference.

4.1 Inaccurate User Content: All User Content (as defined herein) originates from Users, and as such, is beyond the control of BDT. BDT neither initiates the posting of such User Content nor monitors the specific content or accuracy of the User Content being posted. Without limiting the generality of any other provision of this Agreement, BDT shall have no responsibility or liability related to the accuracy, content, completeness, suitability, fitness for a particular purpose, or delivery of the User Content provided by any user. User is responsible for the accuracy, content, completeness, suitability, fitness for a particular purpose, and delivery of the User Content posted by such User, and User shall indemnify BDT for any and all losses or damages BDT may incur regarding or related to the accuracy, content, currency, completeness or delivery of the User Content furnished by User pursuant to the indemnification provisions of this Agreement.

4.2 Conduct and Prohibitions: User agrees not to use the Services to:

1. impersonate any person or entity or otherwise misrepresent its affiliation with a person or entity;
2. upload, post or otherwise transmit any User Content that User does not have a right to transmit by Law or for FAFSA purposes;
3. upload, post or otherwise transmit any material or User Content that contains software viruses or any other malicious code, files or programs designed to interrupt, disrupt, destroy, damage or limit the functionality of any computer software or hardware or telecommunications equipment or violate the security of any computer network, crack passwords or security encryption codes or otherwise attempt to gain unauthorized access to any other computer system;
4. use or launch any automated system, including, without limitation, “robots,” “spiders” or “offline readers,” that accesses the Services in a manner that sends more request messages to Services in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser;
5. attempt to cause the traffic levels of the software or other networks to rise without reason or for malicious purpose, including, without limitation, through transmission of large files to people for malicious purposes, “mailbombing,” transmissions intended to raise the costs of another’s access through excessive traffic levels, denial of service or similar attacks, repeatedly sending the same content to another person for the purpose of harassment or otherwise causing an unreasonable increase in traffic levels or usage of the Services as solely determined by BDT;
6. disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other Users of the Services are able to type or otherwise act in a manner that negatively affects another Users’ ability to engage in meaningful exchanges;
7. interfere with or disrupt the servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
8. intentionally or unintentionally violate any applicable local, state, national or international law.

5.1 BDT Services Components: The Services are powered by some components made by others and might be governed by open-source or third-party licenses. Note that we're not the makers or owners of these third-party components, so we can't guarantee their performance or quality. BDT has no control over such third-party software, hardware, sites and resources, and User acknowledges and agrees that BDT is not responsible for any such external components or resources. The use of third-party components, AI based or otherwise, is also subject to the Terms of Use and policies of these third parties. BDT encourages users to be aware of and adhere to their terms. The availability and functionality of third-party AI tools via this Service may be changed, suspended, or terminated without prior notice. BDT is not liable for any change, interruption, or discontinuation of these tools. By accessing BDT's website or the Services, the user assumes all risks associated with the use of this site, including any risk to user's computer, phone, tablet, software or data being damaged by virus or malware, software, or any other file which might be transmitted or activated via the BDT website or user's access to it.

5.2 ARTIFICIAL INTELLIGENCE: USER ACKNOWLEDGES THAT ANY AI-DRIVEN SUPPORT MAY PROVIDE INACCURATE, OUTDATED, OR INCONSISTENT INFORMATION AND THE CUSTOMER IS ENCOURAGED TO CAREFULLY VERIFY ANY INFORMATION AI-DRIVEN SUPPORT PROVIDES INDEPENDENTLY. SPECIFICALLY, CURRENT GENERATIVE AI TECHNOLOGY CAN PRODUCE RESULTS THAT ARE HALLUCINATORY, VAGUE, AMBIGUOUS, REPETITIVE, OFFENSIVE, NON-CONSENSUAL, ERROR PRONE, SUBJECT TO MALICIOUS ACTORS OR SUBJECT TO DRIFT. THESE RESULTS ARE INHERENT IN ALL CURRENTLY AVAILABLE GENERATIVE AI TECHNOLOGY. ACCORDINGLY, BDT DOES NOT GUARANTEE THE ACCURACY OR RELIABILITY OF AI-DRIVEN SUPPORT; THUS, WE ARE NOT LIABLE FOR ANY ERRORS, UNRELIABILITY, INACCURACIES OR INCOMPLETE RESULTS IT MAY PRODUCE.

5.3 Third-Party Services: Further, the Services may link to other third-party websites. BDT does not monitor these third-party sites or content. BDT assumes no responsibility or liability for any information, communications or materials available at such linked sites or content, or at any link contained in a linked site or third-party content. Each individual site has its own set of policies with regard to information contained within the site. User assumes sole responsibility for use of third-party content, links, and pointers. BDT encourages Users to be aware when Users visit external sites and to read the terms and conditions and privacy policy governing each other web site that User visits. User expressly relieves BDT from any and all liability arising from User’s use of any third-party web site.

6.1 In General: User understands that use of the Services necessarily involves transmission of User's data over networks that BDT does not own, operate or control, and we are not responsible for any of User's data lost, altered, intercepted or stored across such networks. BDT does not make or give any representation or warranty that use of the Services, Sites or Content, or any portion of them will always be available, accessible or uninterrupted, timely, secure, error-free or free from viruses or other malicious software, that BDT will preserve or maintain User's data without loss, that transmission of User's data will always be secure or that unauthorized third parties will never be able to defeat our security measures or those of our third-party service provider. We do not guarantee any minimum response times or delivery times in connection with performance of the Services. We may perform scheduled or emergency maintenance (including temporary suspension of any Services if necessary) to maintain or modify any Services without previous notice given to User without any liability on our side.

6.2 Artificial Intelligence Specific: User acknowledges that functionality made available through the Services uses software components and tools provided by third-party providers including but not limited to OpenAI, Google, Microsoft, Hugging Face and Anthropic. Your use of the Services is also subject to the "Terms of Use" of these products where applicable. (As an example, Open AI's "Terms of Use" are: https://openai.com/policies/terms-of-use.). User understands that by virtue of using these third-party AI Products through the use of the Services, User accept the risk of any errors and bugs and uses Services entirely at Users own risk and is advised to safeguard important data, to use caution (in particular in relation to User's prompts) and not to rely in any way on the correct functioning or performance of the AI based SERVICE and/or accompanying materials. BDT is not responsible or liable to User in any way for the availability or accuracy of these AI based Services, or the content and results made available to User. User understands that BDT will not take any steps to check whether the content of User input or Services output infringes third party intellectual property or other rights. Users are fully responsible for ensuring any User Content uploaded or transmitted to the Services complies with all applicable laws and does not infringe the rights (including intellectual property rights) of any third party.

6.3 THE SERVICE IS PROVIDED “AS IS,” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. USE OF THE SERVICE IS AT USER’S SOLE RISK. BDT DOES NOT WARRANT THAT USER’S USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, NOR DOES BDT MAKE ANY WARRANTY AS TO THE ACCURACY OF ANY USER CONTENT OR AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE SERVICE. BDT MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED IN RELATION TO THE SERVICE OR USER CONTENT, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR APPLICATION. USER IS SOLELY RESPONSIBLE FOR ANY AND ALL ACTS OR OMISSIONS TAKEN IN RELIANCE ON THE SERVICE OR ANY INFORMATION OR USER CONTENT THEREIN, INCLUDING, WITHOUT LIMITATION, INACCURATE OR INCOMPLETE INFORMATION. ANY IMPLIED WARRANTIES THAT CANNOT BE DISCLAIMED ARE LIMITED TO THE SHORTEST PERIOD PERMITTED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY, AND OTHER LEGAL RIGHTS MAY BE GRANTED IN SUCH JURISDICTIONS.

7.1 LIMITATION ON LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BDT NOR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, LICENSORS, SERVICE PROVIDERS, AND AGENTS BE LIABLE UNDER THIS AGREEMENT FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, BUSINESS, REVENUES, DATA OR OTHER INTANGIBLE LOSSES, IN EACH CASE, OUT OF OR IN ANY WAY CONNECTED WITH THE USE, INABILITY TO USE, OR MISUSE OF THE INFORMATION OR LACK OF INFORMATION, DOCUMENTS, SERVICES, SOFTWARE, OR OTHER MATERIAL OBTAINED THROUGH THIS WEB SITE, THE AI BASED SERVICES (INCLUDING WHERE SUCH AI SERVICE CONTENT INFRINGES THE INTELLECTUAL PROPERTY OR OTHER RIGHTS OF A THIRD PARTY) OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. BDT SHALL NOT BE LIABLE FOR ANY LOSS OR INJURY CAUSED IN WHOLE, OR IN PART, BY ITS ACTIONS, OMISSIONS, OR CONTINGENCIES BEYOND ITS CONTROL, INCLUDING IN PROCURING, COMPILING, OR DELIVERING THE INFORMATION, OR ARISING OUT OF ANY ERRORS, OMISSIONS, OR INACCURACIES IN THE INFORMATION REGARDLESS OF HOW CAUSED, OR ARISING OUT OF ANY USER'S DECISION, OR ACTION TAKEN OR NOT TAKEN IN RELIANCE UPON INFORMATION FURNISHED. IF USER IS DISSATISFIED WITH THE SERVICE, USER’S SOLE AND EXCLUSIVE REMEDY SHALL BE FOR USER TO DISCONTINUE USE OF THE SERVICE AND TERMINATE THIS AGREEMENT.

7.2 USER AGREES TO ASSUME THE RISK FOR: (i) ALL LIABILITIES DISCLAIMED BY BDT CONTAINED HEREIN; AND (ii) ALL ALLEGED DAMAGES IN EXCESS OF THE AMOUNT, IF ANY, OF THE LIMITED REMEDY PROVIDED HEREUNDER.

7.3 USER SPECIFICALLY ACKNOWLEDGES AND AGREES THAT BDT SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING IS BORNE SOLELY BY USER. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY, AND OTHER LEGAL RIGHTS MAY BE GRANTED IN SUCH JURISDICTIONS.

10.1 Separability: If any term or provision of the Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of the Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

10.2 Dispute: Any claims, disputes, disagreements or other matters in question arising out of or relating to this Agreement (“Claim”) shall be primarily resolved amicably by discussion between the parties or by mediation within thirty (30) days of the receipt of such notice. Should a Claim not be resolved by amicable discussion or mediation, Section 10.3 of this document shall govern proceedings.

10.3 Governing Law: The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the internal laws of the State of Pennsylvania without regard to its choice of law or conflicts of law principles. The sole and exclusive jurisdiction and venue for any suit, action, or proceeding arising out of the Agreement shall be an appropriate federal or state court located in the State of Pennsylvania and the Parties agree not to raise, and hereby waive, any objections or defenses based upon venue or forum non-conveniens. No action arising under this Agreement may be brought by User more than one (1) year after the cause of action has accrued.

10.5 Attorney’s Fees: If any action in law or in equity or arbitration is necessary to enforce the terms of this Agreement, the prevailing party will be entitled to reasonable fees of attorneys including any costs and expenses, in addition to any other relief to which such prevailing party may be entitled.

10.6 Force Majeure: BDT shall not be responsible or liable for failure to fulfill its obligations under this Agreement due to any major unforeseeable event beyond the control of, and not caused by the fault or negligence of, BDT or its agents, including, without limitation, an act of God, fire, earthquake, flood, explosion, action of the elements, war invasion, terrorism, insurrection, riot, mob violence, sabotage, inability to procure equipment, facilities, materials or supplies in the open market, failure of power, failure of transportation, failure of telecommunications systems or infrastructure, strike, lockout, action of labor unions, condemnation, requisition, law or order of government, civil or military authorities; provided that the party failing to perform in such event shall promptly resume or remedy, as the case may be, the performance of its obligations hereunder as soon as practicable.