Terms of Service

1. Agreement

These Terms of Service ("Terms") form an agreement between you and Coellaborate, LLC ("IRMAAssist," "we," or "us") governing your access to and use of the IRMAAssist application (the "Service"). By creating an account or otherwise using the Service, you agree to these Terms and to our Privacy Policy.

2. The Service

IRMAAssist is software that financial advisors use to assess IRMAA determinations for their clients and determine if their clients may qualify for reconsideration or a new initial determination. If reconsideration or a new initial determination is possible, we calculate the potential savings, generate a required documents list, provide the necessary forms, and print out instructions for filing an appeal with the Social Security Administration. We may update, improve, or change features of the Service at any time.

3. Accounts

• You must be at least 18 years old and able to enter into a binding contract.
• You are responsible for the accuracy of the information in your account and for keeping your password secure.
• You are responsible for everything that happens under your account, including the activity of any individuals you allow to access your account.
• Notify us promptly at support@coellaborate.com if you believe your account has been compromised.

4. Subscriptions and billing

• Some features require a paid subscription. Pricing and plan terms are shown in the Service before you subscribe.
• Free trials end automatically on the date shown at signup. After the trial, your subscription renews at the then-current rate unless you cancel.
• Subscriptions renew on a recurring monthly basis until cancelled. You can cancel at any time from your billing settings; cancellation takes effect at the end of the current billing period.
• Payments are processed by Stripe. By providing payment information, you authorize us and Stripe to charge that payment method for the fees due.
• Except where required by law, fees are non-refundable.
• We may change pricing on renewal with at least 30 days' notice.

5. Client data and your responsibilities

When you use the Service to enter information about your clients, you are the controller of that information and we are a processor acting on your instructions. You represent and warrant that:

• You have the right to collect the client information you submit to the Service.
• You will provide your clients with whatever notices and obtain whatever consents are required under applicable law for the collection and processing through the Service.
• You will not use the Service in a way that violates any law, contract, or third-party right.

6. Acceptable use

You will not:

• Reverse engineer, decompile, or attempt to access the source code of the Service except as permitted by law.
• Use the Service to send spam, malware, or unlawful content.
• Interfere with the integrity, security, or performance of the Service.
• Use the Service to build a competing product, or scrape or harvest data from the Service.
• Share your account credentials or allow access by anyone else.

7. Intellectual property

IRMAAssist retains all rights, title, and interest in the Service, including the software, design, content, and trademarks. You retain ownership of the data you submit to the software. You grant us a worldwide, non-exclusive license to host, process, and display that data solely to provide the Service to you.

8. No investment, legal, or tax advice

IRMAAssist is a software tool. The estimated savings, forms, and instructions generated by the tool are intended to assist advisors in appealing IRMAA determinations and are not investment, legal, tax, or other professional advice from IRMAAssist. Advisors are solely responsible for the advice they provide to their clients.

9. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.

10. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IRMAASSIST AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THE SERVICE. OUR AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE FEES YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) USD $100.

11. Indemnification

You will indemnify and hold IRMAAssist and its affiliates harmless from claims, losses, and expenses (including reasonable attorneys' fees) arising out of your use of the Service, your client data, your violation of these Terms, or your violation of any law or third-party right.

12. Suspension and termination

We may suspend or terminate your access to the Service if you breach these Terms, if required by law, or to protect the Service or other users. You may stop using the Service and cancel your subscription at any time. Sections that by their nature should survive termination will survive, including ownership, disclaimers, limitation of liability, indemnification, and governing law.

13. Governing law and disputes

These Terms are governed by the laws of Virginia, without regard to its conflict-of-laws rules. Any dispute will be resolved in the state or federal courts located in Richmond, Virginia, and you and we consent to the personal jurisdiction of those courts.

14. Changes to these Terms

We may update these Terms from time to time. If we make material changes, we will notify advisors by email or through the Service before the changes take effect. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms.

15. Contact

Questions about these Terms? Email support@coellaborate.com.