Terms and Conditions

1. Introduction

Welcome to Cakewalk Benefits, Inc. (“Cakewalk,” “we,” “us,” or “our”). These Terms and Conditions (the “Terms”) govern your access to and use of our websites, mobile applications, dashboards, APIs, chatbots, email notifications, and any other products or services that link to or reference these Terms (collectively, the “Services”). PLEASE READ CAREFULLY—THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS-ACTION WAIVER.

2. Privacy Policy

Our Privacy Policy describes how we collect, use, and protect information. It is incorporated by reference and forms part of these Terms.

3. Artificial Intelligence Terms

Certain decision‑support features use machine‑learning models. Your use of those features is subject to our AI Terms, which are incorporated herein.

4. Eligibility and Authority

You represent that you are at least 18 years old and have authority to bind any organization on whose behalf you use the Services.

5. Data Collection & Marketing Use

We may collect data—including personal data—even if we cannot presently offer you a product. We may use such data for analytics, product development, and lawful marketing, as detailed in our Privacy Policy. When you provide employee information, you warrant that all required notices and consents have been obtained.

6. Electronic Delivery & Hardware Requirements

By creating an account or using the Services you consent to receive, in electronic form only, all disclosures, policies, billing notices, identification cards, claim letters, and legally required notices (collectively, “Electronic Records”).

Hardware/Software Required

• An internet‑connected computer or mobile device
• A modern browser (Chrome 108+, Safari 13+, Firefox 100+, or Edge 100+)
• Ability to read PDF files
• A valid e‑mail address with sufficient storage

You may withdraw consent or request paper copies at no charge by emailing support@cakewalkbenefits.com. Withdrawal may inhibit your ability to use certain features.

7. SMS Communications

By providing a phone number you consent to receive autodialed or prerecorded marketing texts or calls from Cakewalk or its agents. Message & data rates may apply. You may opt‑out at any time by replying “STOP” to a text or by emailing support@cakewalkbenefits.com. Transactional messages (e.g., billing alerts) are not marketing and will continue while your account is active.

8. Account Registration & Security

An account is created when you first interact with the Services. You are responsible for safeguarding login credentials and for all activity that occurs under your account. Notify us immediately of any unauthorized use.

9. License & Acceptable Use

Cakewalk grants you a limited, revocable, non‑transferable license to use the Services for your internal business purposes related to evaluating, purchasing, or administering employee benefits. You agree not to:

• Copy, modify, distribute, or create derivative works from the Services;
• Transmit malware, unsolicited ads, or spam;
• Interfere with network integrity or security;
• Use the Services for competitive analysis without prior written consent.

10. Linked Accounts & Social Sign‑In

The Services may allow you to link external accounts or use social sign‑in features. When you connect third‑party accounts, you authorize us to access certain information from those accounts in accordance with the authorization you grant and our Privacy Policy. You are responsible for managing the privacy settings on your linked accounts.

11. User Content & License to Cakewalk

If the Services allow you to upload text, files, or other content (“User Content”), you grant Cakewalk a worldwide, royalty‑free license to host, reproduce, and display such User Content solely to operate and improve the Services. You represent that you have all rights necessary to grant this license and that your User Content does not infringe any third‑party rights. Cakewalk reserves the right (but not the obligation) to remove User Content that violates these Terms.

12. Open‑Source Software Notice

The Services may include or distribute components licensed under open‑source licenses (“OSS”). OSS is provided to you under the applicable OSS licenses, which take precedence over these Terms with respect to that component.

13. Prohibited Activities

You agree not to engage in any activity listed in Section 14 or otherwise prohibited by law, including but not limited to reverse‑engineering the Services, scraping data, or using the Services in a manner that distracts from safe driving.

14. Monitoring & Enforcement

We reserve the right to monitor, suspend, or terminate access for violations and to cooperate with law‑enforcement authorities.

15. Third‑Party Links & Content

The Services may contain links to third‑party websites or integrate third‑party services (e.g., Google Maps). Cakewalk does not control or endorse third‑party content and is not responsible for it. Your use of third‑party sites is at your own risk and subject to their terms.

16. Termination

We may suspend or terminate your access at any time for any violation of these Terms. You may terminate your account by contacting support@cakewalkbenefits.com. Sections intended to survive will remain in effect.

17. Content & Intellectual‑Property Rights

All software, text, graphics, and other materials provided through the Services (“Content”) are owned by Cakewalk or its licensors and are protected by intellectual‑property laws. Except as expressly permitted, you may not use Cakewalk's trademarks or proprietary materials without prior written consent.

18. Third‑Party Products and Carriers

Cakewalk operates as an insurance producer and technology platform. Insurance products are underwritten by third‑party carriers. Policy documents govern coverage.

19. Disclaimers; No Warranties

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. CAKEWALK DISCLAIMS ALL WARRANTIES—EXPRESS OR IMPLIED—INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON‑INFRINGEMENT.

20. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CAKEWALK'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE FEES PAID BY YOU TO CAKEWALK DURING THE 12 MONTHS PRECEDING THE CLAIM OR (B) US $100.

21. Fees & Payment

Certain value‑added services may carry fees. All fees will be disclosed upfront and are due when services are bound or renewed. You authorize Cakewalk to store and charge your designated payment method for premiums, fees, taxes, and other amounts owed.

22. Payment Functionality

In order to use the payment functionality of Cakewalk Benefits, Inc. application, you must open a “Dwolla Account” provided by Dwolla, Inc. and you must accept the Dwolla Terms of Service and Privacy Policy. Any funds held in or transferred through your Dwolla Account are held or transferred by Dwolla's financial institution partners. You must be at least 18 years old to create a Dwolla Account. You authorize Cakewalk Benefits, Inc. to collect and share with Dwolla your personal information including full name, email address and financial information, and you are responsible for the accuracy and completeness of that data. You understand that you will access and manage your Dwolla Account through Cakewalk Benefits, Inc. application, and Dwolla account notifications will be sent by Cakewalk Benefits, Inc., not Dwolla. Cakewalk Benefits, Inc. will provide customer support for your Dwolla Account activity, and can be reached at www.cakewalkbenefits.com, support@cakewalkbenefits.com and/or 423-509-0055.

23. User Representations

By using the Services you represent, among other things, that you: (a) possess the authority to purchase insurance for your organization; (b) have provided accurate information; and (c) authorize Cakewalk to obtain consumer reports or other underwriting data.

24. Indemnification

You will defend, indemnify, and hold harmless Cakewalk and its affiliates from any claims arising out of your use of the Services, your violation of these Terms, or your infringement of any rights of a third party.

25. Assignment

Cakewalk may assign or transfer these Terms, in whole or part, to any affiliate, successor, or acquirer without notice. You may not assign these Terms without Cakewalk's prior written consent.

26. Governing Law & Venue

These Terms and any dispute arising out of or relating to the Services are governed by and construed in accordance with the laws of the State of Tennessee, without regard to its conflict‑of‑laws principles. Subject to Section 27 (Arbitration & Class‑Action Waiver), you and Cakewalk consent to the exclusive jurisdiction of the state and federal courts located in Hamilton County, Tennessee.

27. Arbitration & Class‑Action Waiver

Binding Arbitration

Any dispute, claim, or controversy (collectively, “Dispute”) arising out of or relating to these Terms or the Services shall be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules. The arbitration will be conducted in New York, New York, or another location mutually agreed upon in writing.

Individual Capacity Only

YOU AND CAKEWALK AGREE THAT ARBITRATION SHALL BE CONDUCTED SOLELY IN YOUR AND OUR INDIVIDUAL CAPACITIES AND NOT AS A CLASS, REPRESENTATIVE, OR PRIVATE‑ATTORNEY‑GENERAL ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OR AWARD RELIEF TO ANYONE OTHER THAN THE INDIVIDUAL PARTY SEEKING RELIEF.

Opt‑Out

You may opt out of this arbitration agreement by sending written notice to legal@cakewalkbenefits.com within thirty (30) days after first accepting these Terms. If you opt out, Cakewalk reserves the right to terminate your account.

Small‑Claims Exception

Either party may bring an individual action in a court of competent jurisdiction for matters within that court's scope.

28. Changes to These Terms

We may modify these Terms at any time. If a change is material, we will post a notice at least thirty (30) days before the effective date. Your continued use of the Services after the effective date constitutes acceptance. If you do not agree to the revised Terms, you must discontinue use of the Services before the changes become effective.

29. Miscellaneous

Severability

If any provision of these Terms is held unenforceable, the remaining provisions will remain in full force.

No Waiver

Failure to enforce any provision is not a waiver of future enforcement.

Force Majeure

Neither party is liable for delays or failures due to causes beyond its reasonable control.

Entire Agreement

These Terms, together with the incorporated Privacy Policy and AI Terms, constitute the entire agreement between you and Cakewalk regarding the Services.

No Third‑Party Beneficiaries

These Terms create no rights for any third party.

30. Digital Millennium Copyright Act (DMCA)

Cakewalk respects intellectual‑property rights. If you believe content hosted by Cakewalk infringes your copyright, please email a notice to info@cakewalkbenefits.com with the following: (1) your physical or electronic signature; (2) identification of the copyrighted work; (3) identification of the infringing material and its location; (4) your contact information; (5) a good‑faith statement; and (6) a statement under penalty of perjury that you are authorized to act. Repeat infringers' accounts will be terminated.

31. Contact Us