Terms of Service

1. Definitions

1.1 "Platform" means the EnrollTools web-based CRM, marketing automation suite, SMS and email campaign tools, IVR system, self-service scheduling, reporting dashboards, and related features made available by EnrollTools under a Subscription.

1.2 "Subscription" means the monthly recurring right to access and use the Platform, beginning on the date of Subscriber's first payment and renewing monthly until cancelled in accordance with Section 8.

1.3 "Agent Account" means a Subscription used by an individual insurance agent or producer to independently operate prospecting campaigns, lead follow-up sequences, and appointment-setting outreach to build their book of business.

1.4 "Enrollment Communication" means a Subscription under which Subscriber provides EnrollTools with an employee roster and enrollment details, and EnrollTools executes all campaign configuration, outreach, and follow-up on Subscriber's behalf as a managed service included within the Subscription fee.

1.5 "Subscriber Data" means all contact lists, data, content, and materials provided by or generated by Subscriber through use of the Platform.

1.6 "Proprietary Information" means EnrollTools' Platform software, source code, workflows, automation logic, pricing structures, product roadmap, trade secrets, and methodologies: information that derives independent economic value from not being generally known. Proprietary Information is governed by Section 6.1 and is distinct from Confidential Information.

1.7 "Confidential Information" means non-public business information exchanged between the parties that is (a) designated as confidential at the time of disclosure, or (b) would reasonably be understood to be confidential given the nature of the information and the circumstances of disclosure. Confidential Information does not include Proprietary Information.

1.8 "Usage Fees" means per-unit charges for SMS, email, and voice communications sent through the Platform, billed monthly in addition to the Subscription fee.

1.9 "Effective Date" means the date Subscriber completes their first Subscription payment.

2. Services

2.1 Platform Access

Subject to these Terms, EnrollTools grants Subscriber a non-exclusive, non-transferable right to access and use the Platform during the Subscription term. The Platform includes contact relationship management, automated SMS and email campaign tools, IVR outreach, self-service scheduling, and reporting dashboards. Access is provided on a commercially reasonable basis.

2.2 Agent Account

If Subscriber uses the Platform as an Agent Account, Subscriber independently operates all campaigns, manages all contacts, and configures all outreach. EnrollTools provides Platform access; Subscriber is responsible for all campaign operation, content, and settings.

2.3 Enrollment Communication

If Subscriber uses the Platform as an Enrollment Communication account, the following managed services are included within the monthly Subscription fee:

• Campaign configuration and setup
• All SMS, email, and IVR outreach execution on Subscriber's behalf
• Follow-up and re-engagement sequences for non-responders
• Progress reporting throughout the enrollment period

Subscriber provides: (a) an employee roster including names, phone numbers, and email addresses; (b) enrollment dates, available appointment time slots, and any scheduling requirements; and (c) employer name and any branding or communication instructions. EnrollTools acts as Subscriber's authorized service provider when executing outreach under this Section.

2.4 Feature Modifications

EnrollTools may modify, update, or discontinue Platform features at any time with thirty (30) days' notice to Subscriber. Commercially reasonable access to core CRM and communication functionality will be maintained throughout the Subscription term.

2.5 Excluded Services

These Terms do not cover benefits enrollment counseling, on-site or virtual enrollment execution by EnrollTools counselors, or related fulfillment services. Those services are governed by a separate written agreement.

2.6 A2P Brand and Campaign Registration

To enable SMS outreach through the Platform, EnrollTools will submit an A2P 10DLC brand and campaign registration with applicable carriers on Subscriber's behalf, using the business information Subscriber provides during onboarding ("Registration Information"). Once the brand and campaign are approved by the carriers, Subscriber will be added as an authorized representative of the registered campaign.

The A2P registration remains the sole property of EnrollTools. Subscriber does not acquire any ownership interest in the registration, and the registration may not be ported or transferred to another platform or provider. A Subscriber who cancels or is terminated will need to establish a new A2P registration with their subsequent provider.

Subscriber is solely responsible for the accuracy and completeness of all Registration Information provided. EnrollTools will submit the registration as provided and bears no liability for denials, delays, message filtering, or carrier restrictions resulting from inaccurate, incomplete, or misleading Registration Information. All A2P registration fees are covered by EnrollTools and included in the Subscription.

2.7 Domain Registration and Ownership

EnrollTools may register a domain name on Subscriber's behalf for use with the Platform, including subdomains of enrolltools.com or standalone custom domains ("Subscriber Domain"). All domains registered by EnrollTools remain the sole property of EnrollTools, regardless of whether the domain incorporates Subscriber's name, brand, or other identifying information.

Subscriber is granted a limited, non-exclusive license to use the Subscriber Domain solely during the active Subscription term. Upon termination of the Subscription for any reason, Subscriber's right to use the domain ceases. Subscriber may request to purchase the domain from EnrollTools following termination; any such transfer is at EnrollTools' sole discretion and subject to a separately agreed purchase price.

3. Fees and Billing

3.1 Subscription Fee

The Subscription fee is as stated on Subscriber's Stripe invoice. The standard rate is $99 per month. Discounted, legacy, or custom rates are valid as reflected in Subscriber's current Stripe invoice and on file with EnrollTools.

3.2 Usage Fees

In addition to the Subscription fee, Subscriber is billed monthly for Usage Fees at the following rates (subject to change per Section 3.5): SMS at $0.015 per message segment; email at $0.0015 per email; voice calls at the rates then in effect. Usage Fees are itemized on Subscriber's monthly invoice.

3.3 Billing and Payment

The Subscription auto-renews monthly through Stripe on the anniversary of Subscriber's first payment. Subscriber must maintain a valid payment method on file at all times. A failed billing attempt or failure to maintain a valid payment method results in immediate suspension of Platform access without notice.

3.4 No Refunds

All fees paid are non-refundable. No pro-rated refunds are issued upon cancellation or termination for any reason.

3.5 Fee Changes

EnrollTools may adjust Subscription or Usage Fees on thirty (30) days' written notice to Subscriber's email address on file. Continued use of the Platform after the effective date of a fee change constitutes acceptance of the revised fees.

4. Subscriber Obligations and Acceptable Use

4.1 TCPA Compliance

Subscriber is solely responsible for compliance with the Telephone Consumer Protection Act ("TCPA") and all applicable state telemarketing and SMS marketing laws. Before sending any SMS through the Platform, Subscriber must have obtained all required written prior express consent from each recipient. For Enrollment Communication accounts, Subscriber represents and warrants that the employer client has specifically authorized outreach to the employees listed on the provided roster.

4.2 CAN-SPAM Compliance

Subscriber is solely responsible for compliance with the CAN-SPAM Act and all applicable email marketing laws governing all email campaigns sent through the Platform.

4.3 Contact Data Representations

Subscriber represents and warrants that: (a) all contacts in Subscriber Data have provided any required consent for the specific type of communications being sent; and (b) Subscriber has the legal right to use all contact data submitted to the Platform.

4.4 Contact List Permission Liability

By providing any contact list to EnrollTools (whether for an Enrollment Communication campaign or any other purpose), Subscriber assumes sole and exclusive legal liability for the authorization to contact each individual on that list. EnrollTools does not verify the validity of consent or permission for any contact. Subscriber's provision of a contact list is Subscriber's representation that all required permissions are in place. Any claim, fine, regulatory action, or third-party lawsuit arising from the act of contacting individuals on a provided list is Subscriber's sole responsibility, regardless of whether the outreach was executed by Subscriber or by EnrollTools on Subscriber's behalf. This obligation survives termination of the Subscription.

4.5 Prohibited Conduct

Subscriber shall not use the Platform: (a) for spam or unsolicited commercial communications without required consent; (b) for deceptive, misleading, or fraudulent marketing; (c) to impersonate any person or entity; (d) for any purpose that violates any applicable law or regulation; or (e) in any manner that could damage, disable, or impair the Platform or interfere with other subscribers' access.

4.6 Opt-Out Compliance

Subscriber must honor all opt-out and unsubscribe requests promptly and within the timeframes required by applicable law.

4.7 Content Responsibility

Subscriber is solely responsible for the accuracy, legality, and appropriateness of all content sent through the Platform, including any content submitted to EnrollTools for use in Enrollment Communication campaigns.

4.8 Violations

Violation of this Section 4 may result in immediate suspension or termination of Subscriber's account without refund, in addition to any other remedies available to EnrollTools.

5. Subscriber Data

5.1 Ownership

Subscriber owns all Subscriber Data. These Terms do not transfer any ownership interest in Subscriber Data to EnrollTools.

5.2 License

Subscriber grants EnrollTools a limited, non-exclusive license to store, process, and transmit Subscriber Data solely as necessary to provide the Platform services during the Subscription term.

5.3 EnrollTools Obligations

EnrollTools will: (a) not sell or license Subscriber Data to third parties; (b) use Subscriber Data only to provide the Platform services described in these Terms; and (c) maintain commercially reasonable technical and organizational security measures to protect Subscriber Data from unauthorized access.

5.4 Data Return and Deletion

Upon termination of the Subscription, Subscriber has thirty (30) days to export Subscriber Data from the Platform using available export tools. EnrollTools will delete Subscriber Data within sixty (60) days after the termination date. EnrollTools has no obligation to retain Subscriber Data after that period.

6. Proprietary and Confidential Information

6.1 EnrollTools Proprietary Information

The Platform and all associated software, workflows, automation logic, templates, methodologies, and documentation are proprietary to EnrollTools. Subscriber shall not:

• Reverse engineer, decompile, or disassemble any portion of the Platform
• Copy, reproduce, resell, sublicense, or white-label the Platform or any portion thereof
• Use Platform access to develop or assist in developing a competing product or service
• Circumvent, disable, or interfere with any billing, usage limit, or access control mechanism
• Scrape, harvest, or systematically extract data from the Platform

6.2 Confidential Information

Each party agrees to: (a) hold the other party's Confidential Information in confidence with at least the same degree of care it uses to protect its own confidential information, but no less than reasonable care; (b) not disclose the other party's Confidential Information to any third party without prior written consent; and (c) use the other party's Confidential Information only in connection with performing obligations under these Terms.

These obligations do not apply to information that is: (i) publicly available without breach of these Terms; (ii) independently developed by the receiving party without reference to the disclosing party's Confidential Information; or (iii) required to be disclosed by applicable law or court order, provided the disclosing party gives the other party prompt written notice and cooperates in seeking a protective order.

7. Limitation of Liability and Indemnification

7.1 EnrollTools Liability Cap

7.2 Exclusion of Consequential Damages

7.3 No Cap on Subscriber Liability

The liability limitations in Sections 7.1 and 7.2 apply solely to EnrollTools' liability to Subscriber. There is no corresponding cap on Subscriber's liability to EnrollTools for any breach of these Terms, including Subscriber's indemnification obligations under Section 7.4.

7.4 Indemnification by Subscriber

Subscriber shall defend, indemnify, and hold harmless EnrollTools and its officers, directors, employees, and agents from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Subscriber's use of the Platform
• Subscriber Data or contact lists provided by Subscriber
• Subscriber's violation of any applicable law, including the TCPA, CAN-SPAM Act, or any state marketing or consumer protection statute
• Any third-party claim arising from outreach sent through the Platform on Subscriber's behalf
• Subscriber's breach of any representation, warranty, or obligation under these Terms

7.5 Carve-Outs

Nothing in these Terms limits either party's liability for fraud, gross negligence, or intentional misconduct.

8. Term and Termination

8.1 Term

These Terms begin on the Effective Date and continue on a month-to-month basis until cancelled or terminated as provided in this Section.

8.2 Cancellation by Either Party

Either party may cancel the Subscription by providing thirty (30) days' written notice. Subscriber's notice must be sent to support@enrolltools.com. EnrollTools' notice will be sent to Subscriber's email address on file.

8.3 Termination for Cause by EnrollTools

EnrollTools may terminate the Subscription immediately upon written notice if Subscriber: (a) fails to pay any amount due and does not cure within five (5) business days of notice; (b) materially breaches Section 4 (Acceptable Use); (c) repeatedly violates applicable law in connection with use of the Platform; or (d) takes action that endangers the Platform, other subscribers, or EnrollTools' carrier or service provider relationships.

8.4 Effect of Termination

Upon termination: (a) Subscriber's right to access the Platform ceases at the end of the current billing period (or immediately in the case of termination for cause); (b) all outstanding fees become immediately due and payable; and (c) Sections 5.4, 6, 7, 8.4, 9, and 10 survive termination and remain in full force.

8.5 No Refunds on Termination

No partial-month refunds are issued upon cancellation or termination for any reason.

9. Dispute Resolution

9.1 Informal Resolution

Before initiating any formal legal proceeding, the party asserting a dispute must provide written notice to the other party describing the dispute in reasonable detail. The parties shall attempt to resolve the dispute in good faith for thirty (30) days following that notice before proceeding to mediation or litigation.

9.2 Mediation

If the parties cannot resolve a dispute through informal resolution, they agree to submit the dispute to non-binding mediation before a mutually agreed neutral mediator. If the parties cannot agree on a mediator within fifteen (15) days after the informal resolution period ends, either party may request that JAMS appoint a mediator. The parties shall share mediation costs equally and agree to participate in good faith in at least one mediation session before pursuing litigation.

9.3 Governing Law and Venue

These Terms are governed by and construed in accordance with the laws of the State of California, without regard to its conflict-of-law provisions. Any litigation arising out of these Terms, after satisfaction of the dispute resolution requirements above, shall be brought exclusively in the state or federal courts located in California. Subscriber irrevocably consents to personal jurisdiction and venue in those courts and waives any objection thereto.

10. General Provisions

10.1 Entire Agreement

These Terms constitute the entire agreement between the parties with respect to the Platform Subscription and supersede all prior oral or written agreements, proposals, and discussions on this subject matter.

10.2 Amendments

EnrollTools may update these Terms at any time by providing thirty (30) days' notice to Subscriber's email address on file and posting the updated Terms at enrolltools.com/terms. Subscriber's continued use of the Platform after the effective date of any update constitutes acceptance of the revised Terms.

10.3 Severability

If any provision of these Terms is held invalid, unenforceable, or void, that provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions shall remain in full force and effect.

10.4 Assignment

EnrollTools may assign these Terms in connection with a merger, acquisition, change of control, or sale of all or substantially all of its assets without Subscriber's consent. Subscriber may not assign these Terms or any rights hereunder without EnrollTools' prior written consent. Any purported assignment in violation of this Section is void.

10.5 No Waiver

Failure by either party to enforce any provision of these Terms shall not constitute a waiver of that party's right to enforce that or any other provision in the future.

10.6 Notices

Notices under these Terms may be given by email. Notices to EnrollTools shall be sent to support@enrolltools.com. Notices to Subscriber shall be sent to the email address on file with Subscriber's Stripe account. Email notice is effective on the date sent.

10.7 Independent Contractors

The parties are independent contractors. These Terms do not create any partnership, joint venture, employment, franchise, or agency relationship.

10.8 Force Majeure

Neither party is liable for any delay or failure to perform obligations (other than payment obligations) due to circumstances beyond that party's reasonable control, including natural disasters, government actions, carrier outages, or widespread internet service disruptions.