Terms of Service

1. Acceptance of Terms

Welcome to BenefitsOS. These Terms of Service ("Terms") govern your access to and use of the BenefitsOS website (benefitsos.net), platform, and related services (collectively, the "Services"). BenefitsOS is a trade name of Anthony Michael Roumell LLC ("we," "us," or "our"), a limited liability company organized under the laws of the State of California.

By accessing our website, creating an account, or using any of our Services — including submitting a form, booking a demo, or receiving communications — you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, please do not use our Services.

2. Description of Services

BenefitsOS provides a cloud-based HR and benefits administration platform designed for small to mid-size businesses, with a focus on civil and environmental engineering firms. Our Services include, but are not limited to:

• Benefits enrollment and administration

• Employee onboarding and offboarding

• HR document management

• ACA compliance reporting

• PTO tracking and management

• Integrations with payroll and insurance carriers

• Demo scheduling and consultation services

BenefitsOS is powered by Employee Navigator. By using our platform, you acknowledge that certain features and functionality are provided through Employee Navigator's infrastructure.

3. Eligibility

You must be at least 18 years of age and have the legal authority to enter into a binding agreement on behalf of yourself or your organization to use our Services. By using the Services, you represent and warrant that you meet these requirements.

4. Account Registration & Security

To access certain features of the BenefitsOS platform, you may be required to create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information

• Maintain and promptly update your account information

• Maintain the security of your login credentials and not share them with third parties

• Accept responsibility for all activity that occurs under your account

• Notify us immediately of any unauthorized use of your account

We reserve the right to suspend or terminate accounts that contain inaccurate information or that we reasonably believe are being used in violation of these Terms.

5. Subscriptions & Payment

5.1 Pricing

BenefitsOS offers subscription plans as described on our Pricing page. Current pricing is $300 per month (billed monthly) or $3,000 per year (billed annually). All prices are in U.S. dollars.

5.2 Billing

By subscribing to a paid plan, you authorize us to charge the payment method on file at the beginning of each billing cycle (monthly or annually, depending on your selected plan). You are responsible for maintaining a valid payment method.

5.3 Cancellation

You may cancel your subscription at any time by contacting us at [email protected]. Upon cancellation:

• Monthly subscriptions: Your access continues through the end of the current billing period. No refunds are issued for partial months.

• Annual subscriptions: Your access continues through the end of the annual term. Refund eligibility is determined on a case-by-case basis.

5.4 Price Changes

We reserve the right to modify pricing at any time. We will provide at least 30 days' written notice before any price changes take effect for existing subscribers.

6. SMS / Text Messaging Terms

By providing your mobile phone number and opting in, you agree to receive SMS/text messages from BenefitsOS.

6.1 Consent

When you provide your mobile phone number through our website forms, demo booking system, or other intake methods and opt in to receive text messages, you expressly consent to receive recurring SMS/text messages from BenefitsOS at the number provided. Consent is not a condition of purchase.

6.2 Types of Messages

You may receive the following types of text messages:

• Transactional: Appointment confirmations, reminders, scheduling updates, and responses to your inquiries

• Service-Related: Onboarding instructions, account notifications, platform updates, and support communications

• Promotional: Product updates, feature announcements, special offers, and tips (only with separate marketing opt-in)

6.3 Message Frequency

Message frequency varies based on your interaction with our services. You may receive up to 5 messages per month. Transactional messages triggered by your actions (e.g., appointment reminders) may be sent in addition to this limit.

6.4 Opt-Out

You may opt out of receiving text messages at any time by replying STOP to any message.

After sending STOP, you will receive a one-time confirmation that you have been unsubscribed. No further messages will be sent unless you re-opt in. You may also email [email protected] to request removal from our messaging program.

6.5 Help

For assistance with our text messaging program, reply HELP to any message or contact us at [email protected].

6.6 Costs

Standard message and data rates may apply. BenefitsOS does not charge for text messages, but your mobile carrier may apply fees based on your plan. Contact your carrier for details about your messaging plan.

6.7 Carrier Disclaimer

Mobile carriers are not liable for delayed or undelivered messages. Message delivery is subject to effective transmission from your network operator and their policies.

6.8 No Sharing of Opt-In Data

We will not share your opt-in to receive text messages or your phone number with any third party for marketing purposes.

Your information is shared only with our SMS service provider for the sole purpose of delivering messages on our behalf. See our Privacy Policy for full details.

7. Acceptable Use

You agree to use our Services only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Services in any way that violates applicable federal, state, local, or international laws or regulations

• Attempt to gain unauthorized access to our systems, other user accounts, or computer systems connected to our Services

• Upload or transmit viruses, malware, or other harmful code

• Use the Services to transmit unsolicited or unauthorized advertising, promotional materials, or spam

• Impersonate any person or entity or misrepresent your affiliation with any person or entity

• Interfere with or disrupt the Services or servers or networks connected to the Services

• Reverse-engineer, decompile, or disassemble any portion of the platform

• Use any automated means (bots, scrapers, etc.) to access the Services without our express written permission

8. Intellectual Property

The BenefitsOS name, logo, website content, design, graphics, and all associated intellectual property are owned by BenefitsOS and are protected by applicable copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of our Services or included content without our express prior written consent.

The Employee Navigator platform and its associated trademarks are the property of Employee Navigator, LLC. Use of the BenefitsOS platform does not grant you any rights to Employee Navigator's intellectual property beyond what is necessary to use the Services.

9. Data & Privacy

Your use of the Services is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information. By using the Services, you consent to our collection and use of data as described in the Privacy Policy.

You are responsible for ensuring that any employee or personal data you input into the BenefitsOS platform is collected in compliance with applicable privacy laws and that you have obtained all necessary consents from the individuals whose data you provide.

10. Third-Party Services

BenefitsOS integrates with various third-party services including payroll providers, insurance carriers, and other HR tools. These integrations are provided for your convenience, and your use of third-party services is governed by their respective terms and privacy policies. BenefitsOS is not responsible for the availability, accuracy, or content of third-party services.

11. Disclaimers & Limitation of Liability

11.1 Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

11.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BENEFITSOS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of (or inability to access or use) the Services

• Any conduct or content of any third party on the Services

• Any content obtained from the Services

• Unauthorized access, use, or alteration of your transmissions or content

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT PAID BY YOU TO BENEFITSOS IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

12. Indemnification

You agree to defend, indemnify, and hold harmless BenefitsOS and its officers, directors, employees, contractors, agents, and affiliates from and against any claims, damages, obligations, losses, liabilities, costs, or expenses (including reasonable attorney's fees) arising from your use of the Services, your violation of these Terms, or your violation of any third-party rights.

13. Termination

We may suspend or terminate your access to the Services at any time, with or without cause, and with or without notice. Upon termination:

• Your right to use the Services ceases immediately

• We may delete your account and associated data after a reasonable retention period

• Provisions of these Terms that by their nature should survive termination will survive (including, without limitation, intellectual property provisions, warranty disclaimers, indemnification, and limitations of liability)

You may request an export of your data prior to account termination by contacting us at [email protected].

14. Governing Law & Disputes

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. Any disputes arising under or in connection with these Terms shall be resolved in the state or federal courts located in San Diego County, California, and you consent to the personal jurisdiction of such courts.

15. Modifications to Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will update the "Effective Date" at the top of this page and, where appropriate, notify you via email or through the Services. Your continued use of the Services after any such changes constitutes your acceptance of the revised Terms.

16. Contact Us

If you have any questions about these Terms of Service, please contact us:

• BenefitsOS

• Email: [email protected]

• Website: benefitsos.net

• Location: San Diego, California