Terms of Service
These Terms of Service ("Terms") govern your access to and use of brandironbenefits.com (the "Site") and the Brandiron Benefits platform (the "Platform") provided by Victor Vauss, LLC, doing business as Brandiron Benefits ("Brandiron," "we," "us" or "our"). By using the Site or Platform, you agree to these Terms. If you are using the Platform on behalf of a company, you agree on its behalf and confirm you have authority to do so.
Licenses and order forms
Access to the Platform is provided under a license agreement or order form signed with Victor Vauss, LLC (an "Agreement"). The Agreement sets out the scope, fees, term and service details. If these Terms conflict with an Agreement, the Agreement governs. Where the Platform processes protected health information, a Business Associate Agreement also applies.
Use of the Site and Platform
You agree to use the Site and Platform only for lawful business purposes and in line with your Agreement. You will not:
- Attempt to gain unauthorized access to the Platform, other accounts or our systems
- Interfere with or disrupt the Site or Platform, or probe, scan or test their vulnerability without our written permission
- Copy, modify, reverse engineer or create derivative works of the Platform
- Resell, sublicense or provide the Platform to third parties except as your Agreement allows
- Upload unlawful content, malicious code, or data you have no right to share
Accounts
You are responsible for your users, their credentials and all activity under your account. Administrative users must use multi-factor authentication. Tell us promptly at [email protected] if you suspect unauthorized access.
Your data
You retain all rights to the data you and your users enter into the Platform. You grant us the rights needed to host, process and display that data to provide the Platform. You are responsible for the accuracy of your data and for having the rights and consents needed to provide it. On termination, your data will be returned or deleted as set out in your Agreement.
Fees
Fees, billing terms and payment methods are set out in your Agreement. Unless your Agreement says otherwise, fees are non-refundable once services have begun.
Intellectual property
The Site and Platform, including all software, designs, text, graphics and trademarks, are owned by Victor Vauss, LLC or its licensors and are protected by intellectual property laws. Except for the rights granted in your Agreement, no rights are transferred to you. Feedback you give us may be used without obligation to you.
Compliance responsibilities
The Platform helps you document plan components, compensation and approvals. It does not provide legal, tax or compliance advice, and you remain responsible for your own regulatory obligations, including any disclosures required under the Consolidated Appropriations Act and ERISA. We recommend reviewing your processes with qualified counsel.
Third-party services
The Platform may work with third-party services such as carrier connections, administrators, form tools or payment processors. Your use of those services is subject to their terms, and we are not responsible for them.
Disclaimers
Except as stated in your Agreement, the Site and Platform are provided "as is" and "as available," without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the Site or Platform will be uninterrupted or error-free.
Limitation of liability
To the fullest extent permitted by law, Brandiron will not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits, revenue or data, arising out of or relating to the Site or Platform. Except as stated in your Agreement, our total liability will not exceed the fees you paid us in the twelve months before the claim arose.
Indemnification
You will defend and indemnify Brandiron against claims arising from your data, your use of the Platform in violation of these Terms or your Agreement, or your violation of law.
Suspension and termination
We may suspend access to protect the Platform or other customers, or for non-payment as described in your Agreement. Termination and its effects are governed by your Agreement.
Governing law
These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-law rules. Any dispute will be brought in the state or federal courts located in Texas, unless your Agreement specifies otherwise.
Changes
We may update these Terms from time to time. The "Last updated" date above shows when they last changed. Continued use of the Site or Platform after changes take effect means you accept the updated Terms.
Contact
Questions about these Terms: [email protected]