MEMBER END-USER LICENSE AGREEMENT AND TERMS OF RESOURCE ACCESS
IMPORTANT: READ CAREFULLY BEFORE ACCESSING OR USING BENEFIT AIRSHIP MEMBER RESOURCES.
This Member End-User License Agreement (this "Member EULA") is a binding agreement between Benefit Airship, LLC, a Nevada limited liability company ("BAS," "we," or "us"), and you, the individual participant, employee, or covered dependent ("you"). By creating an account, logging in, using our mobile software, submitting enrollment forms electronically, or accessing member dashboards, virtual care links, or educational materials (the "Member Resources"), you agree to this Member EULA. If you do not agree, do not use the Member Resources. If you are a parent or legal guardian accepting for a covered dependent who is a minor, you accept on that dependent’s behalf and are responsible for their use. The Member Resources are not directed to children under thirteen (13), and accounts may be held only by adults.
1. LICENSE AND ACCESS
1.1 Limited License. Subject to your compliance with this Member EULA and your active eligibility under a participating plan or program, BAS grants you a personal, non-exclusive, non-transferable, revocable license to use the Member Resources solely for your personal benefits administration and care navigation.
1.2 Authorized Purposes. You may use the Member Resources to view plan summaries, coverage details, and digital ID cards, track enrollment and submit qualifying life event updates, access third-party virtual care, pharmacy, and wellness tools, and communicate with BAS member support.
1.3 Account Security. You are responsible for keeping your credentials confidential and for activity under your account. Notify BAS immediately at support@benefitairship.com of any suspected unauthorized access.
2. INTELLECTUAL PROPERTY
2.1 Ownership. The Member Resources, including software, interfaces, designs, and trademarks, belong to BAS or its licensors, and the underlying benefit structures and workflows are proprietary to BAS and its program partners, including ConnectedCare, LLC and ESC100, LLC.
2.2 Restrictions. You will not copy, modify, reverse engineer, or disassemble the Member Resources, capture or disclose platform functionality for commercial or competitive purposes, use bots or scrapers, or frame or misrepresent access to the platform.
3. YOUR INFORMATION AND RESPONSIBILITIES
3.1 Accuracy. You represent that the personal, health, dependent, and enrollment information you submit is accurate, truthful, and timely. False or incomplete information may result in consequences under your plan, up to and including denial of coverage or rescission where permitted by law.
3.2 Life Events. You agree to submit qualifying life event updates (such as marriage, birth, or loss of other coverage) within the timeframes required by your plan, typically thirty (30) days.
3.3 CARES Program. Your plan includes access to the ESC100 CARES Program, a support component providing clinical advocacy, charity care coordination, and pharmaceutical manufacturer assistance for participants with high-cost medical or specialty prescription needs. Eligible participants may be enrolled in the CARES Program by the plan’s administrators in accordance with the governing plan documents and applicable law, and any applicable terms will be provided to you before they take effect. BAS does not determine CARES Program eligibility or placement.
4. ROLE AND COVERAGE DISCLAIMERS
4.1 Limited Role of BAS. BAS is a program manager, technology provider, and service coordinator. BAS IS NOT AN INSURANCE COMPANY, THIRD-PARTY ADMINISTRATOR, CLAIMS ADJUDICATOR, MEDICAL PROVIDER, OR ERISA PLAN FIDUCIARY.
4.2 Non-Insurance Features. Some features, memberships, telehealth connections, or discount tools available through the Member Resources are not insurance. Unless expressly provided under a policy issued by a licensed insurance carrier or the governing plan documents, the Member Resources do not constitute major medical insurance and do not guarantee payment to providers.
4.3 Claims Decisions. Claims adjudication, pre-authorizations, network determinations, and coverage approvals are made exclusively by your plan, the TPA, the pharmacy benefit manager, or the applicable carrier, not by BAS.
5. MEDICAL DISCLAIMER
5.1 Informational Only. THE MEMBER RESOURCES ARE FOR GENERAL INFORMATIONAL, ADMINISTRATIVE, AND CARE NAVIGATION PURPOSES ONLY AND ARE NOT MEDICAL, LEGAL, TAX, OR FINANCIAL ADVICE. USE OF THE MEMBER RESOURCES DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP WITH BAS. ALWAYS SEEK THE ADVICE OF A QUALIFIED HEALTH PROVIDER REGARDING A MEDICAL CONDITION, AND NEVER DELAY OR DISREGARD PROFESSIONAL MEDICAL ADVICE BECAUSE OF INFORMATION ACCESSED THROUGH THE MEMBER RESOURCES.
5.2 Emergencies. IN A MEDICAL EMERGENCY, CALL 911 OR GO TO THE NEAREST EMERGENCY ROOM IMMEDIATELY.
6. PRIVACY AND COMMUNICATIONS
6.1 Privacy. Your use of the Member Resources is subject to the Benefit Airship Privacy Policy. To the extent information collected through the Member Resources is protected health information under HIPAA, BAS handles it in accordance with HIPAA and the applicable business associate agreements.
6.2 Electronic Communications. You consent to receive electronic administrative communications about your benefits. You may opt out of promotional messages at any time, but essential benefit administration communications continue while your account is active.
7. WARRANTIES AND LIABILITY
7.1 Warranty Disclaimer. THE MEMBER RESOURCES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. BAS DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND DOES NOT GUARANTEE UNINTERRUPTED, SECURE, ACCURATE, OR ERROR-FREE OPERATION.
7.2 Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BAS AND ITS OFFICERS, MEMBERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM USE OF OR INABILITY TO USE THE MEMBER RESOURCES, AND BAS’S TOTAL AGGREGATE LIABILITY FOR ALL SUCH CLAIMS SHALL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNTS YOU PAID DIRECTLY TO BAS FOR PLATFORM ACCESS IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. THIS SECTION DOES NOT LIMIT LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW AND DOES NOT AFFECT YOUR RIGHTS UNDER YOUR BENEFIT PLAN ITSELF.
8. TERM AND TERMINATION
8.1 Term and Suspension. This Member EULA applies while you access the Member Resources or maintain active enrollment. BAS may suspend or terminate account access if your coverage ends, you breach this Member EULA, you submit fraudulent information, or unauthorized or malicious use is suspected.
8.2 Survival. Sections 2, 4, 5, 7, and 9 survive termination.
9. GENERAL
9.1 Governing Law and Venue. This Member EULA is governed by the laws of the State of Nevada, except where federal law applies. Disputes shall be brought exclusively in the state or federal courts located in Clark County, Nevada, and you consent to jurisdiction there. Nothing in this Section deprives you of mandatory consumer protections available under the law of your state of residence, and nothing in this Member EULA modifies the terms of, or your rights under, your benefit plan.
9.2 Updates. BAS may update this Member EULA prospectively by posting a revised version with notice. Continued use after the stated effective date constitutes acceptance.
9.3 Severability. Invalid provisions are severable and do not affect the remainder.
9.4 Contact. Questions may be directed to Benefit Airship, LLC, Attn: Member Support, support@benefitairship.com.