Terms of Service
Last updated: January 14, 2025
1. Agreement to Terms
By accessing or using BART ("Service," "Platform," or "we"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Service.
These Terms constitute a legally binding agreement between you and BART Technologies Inc. ("BART," "we," "us," or "our").
2. Service Description
BART is a benefit automation and reporting platform designed for insurance and benefits brokers. The Service provides tools for:
- Automated extraction and parsing of benefit data from documents
- Side-by-side benefit plan comparisons
- Contribution modeling and calculations
- Branded proposal generation and exports
- Related features and functionality as made available
3. Account Registration and Access
Account Creation
To use certain features of the Service, you must create an account. You agree to:
- Provide accurate, current, and complete information
- Maintain and update your information to keep it accurate
- Maintain the security of your account credentials
- Accept responsibility for all activities under your account
- Notify us immediately of any unauthorized access
Eligibility
You must be at least 18 years old and have the legal capacity to enter into contracts to use the Service. By using the Service, you represent that you meet these requirements.
4. Subscription and Billing
Free Trial
BART may offer a free trial allowing you to create your first proposal at no charge. The free trial is limited to one proposal per account and is subject to limitations on features or usage.
Paid Subscriptions
After the free trial, continued use of the Service requires a paid subscription. Subscription fees are billed in advance on a monthly or annual basis, as selected during signup.
Payment Terms
- Payment is due at the start of each billing cycle
- We accept major credit cards and other payment methods as indicated
- You authorize us to charge your payment method automatically
- Prices are subject to change with 30 days' notice
- All fees are non-refundable except as required by law
Cancellation
You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period. No refunds are provided for partial billing periods.
5. Acceptable Use
You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree NOT to:
- Violate any applicable laws or regulations
- Infringe on the rights of others, including intellectual property rights
- Upload malicious code, viruses, or harmful content
- Attempt to gain unauthorized access to the Service or related systems
- Reverse engineer, decompile, or disassemble the Service
- Use the Service to transmit spam or unsolicited communications
- Resell, sublicense, or redistribute the Service without authorization
- Use automated systems to access the Service without permission
- Interfere with or disrupt the Service or servers
6. User Content and Data
Your Content
You retain ownership of all data, documents, and content you upload to the Service ("User Content"). You grant BART a limited license to use, process, and display Your Content solely to provide the Service to you.
Your Responsibilities
- You are responsible for the accuracy and legality of Your Content
- You represent that you have all necessary rights to upload Your Content
- You must comply with applicable privacy and data protection laws
- You are responsible for backing up Your Content
Data Processing
We process Your Content in accordance with our Privacy Policy. We implement reasonable security measures, but cannot guarantee absolute security. You acknowledge the inherent risks of transmitting data over the internet.
7. Intellectual Property
BART's Rights
The Service, including its design, software, features, and content (excluding User Content), is owned by BART and protected by intellectual property laws. All rights not expressly granted are reserved by BART.
Trademarks
BART, the BART logo, and related marks are trademarks of BART Technologies Inc. You may not use these marks without our prior written permission.
Feedback
If you provide feedback, suggestions, or ideas about the Service, you grant BART a perpetual, worldwide, royalty-free license to use, modify, and incorporate such feedback without compensation or attribution.
8. Service Availability and Modifications
Availability
We strive to maintain high availability, but we do not guarantee uninterrupted or error-free access to the Service. We may suspend or restrict access for maintenance, updates, or other reasons.
Modifications
We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. We are not liable for any modification, suspension, or discontinuation.
9. Disclaimers and Limitations of Liability
Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT RESULTS WILL BE ACCURATE OR RELIABLE.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BART 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.
IN NO EVENT SHALL BART'S TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID TO BART IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.
10. Indemnification
You agree to indemnify, defend, and hold harmless BART, its affiliates, and their respective officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorneys' fees) arising from:
- Your use of the Service
- Your violation of these Terms
- Your violation of any rights of another party
- Your Content and any claims related to it
11. Termination
We may suspend or terminate your access to the Service at any time, with or without cause or notice, including if we believe you have violated these Terms. Upon termination:
- Your right to use the Service immediately ceases
- You remain liable for any fees owed
- We may delete Your Content after a reasonable period
- Provisions that should survive termination will remain in effect
12. Dispute Resolution
Informal Resolution
Before filing a claim, you agree to contact us at legal@trybart.com to attempt to resolve the dispute informally.
Governing Law
These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles.
Arbitration
Any dispute arising from these Terms or the Service shall be resolved through binding arbitration in accordance with the American Arbitration Association rules, rather than in court, except that you may assert claims in small claims court if they qualify.
13. General Provisions
Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and BART regarding the Service.
Amendments
We may modify these Terms at any time. Material changes will be notified via email or through the Service. Continued use after changes constitutes acceptance of the modified Terms.
Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full effect.
Waiver
Our failure to enforce any right or provision of these Terms does not constitute a waiver of such right or provision.
Assignment
You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations without restriction.
14. Contact Information
If you have questions about these Terms, please contact us: