End User License Agreement (EULA)

This End User License Agreement (the "Agreement") governs your access to and use of the BART application, services, and related materials (collectively, the "Application"). The Application is operated by BART Technologies Inc. ("Company", "we", "us"). By accessing or using the Application, you agree to be bound by this Agreement. If you do not agree, do not use the Application.

1. License Grant

Subject to your continued compliance with this Agreement, you are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Application for your internal business purposes. All rights not expressly granted are reserved.

2. Eligibility, Account, and Authority

You must be at least 18 years of age and have authority to enter into this Agreement, either on your own behalf or on behalf of the organization you represent. You are responsible for maintaining the security of your account and for all activities that occur under your credentials. You will promptly notify us of any unauthorized use of your account.

By uploading or transmitting information to the Application, you represent and warrant that you have all rights, licenses, consents, and notices necessary to do so, including any consents required by your clients, your clients' employees, and any other data subjects.

3. Acceptable Use and Restrictions

• Do not copy, modify, reverse engineer, or attempt to extract source code from the Application, except as permitted by law or our written consent.
• Do not scrape, bulk export, harvest, or automate access outside documented interfaces, or circumvent authentication, rate limits, or security controls.
• Do not use the Application or its outputs to train, improve, or benchmark AI/ML models, or to build or market competing products or services.
• Do not publish, resell, sublicense, or make outputs available to third parties except for your internal business use or as expressly permitted in Section 6.
• Do not use the Application to infringe the rights of others, or to store or transmit malicious code.
• Do not use output to misrepresent facts, commit fraud, or provide professional advice without independent verification.
• Do not upload Protected Health Information ("PHI") within the meaning of HIPAA unless a Business Associate Agreement has been executed between you (or your organization) and BART Technologies Inc. See Section 13.
• Do not upload information you do not have the right to share, including without limitation information subject to confidentiality obligations or to applicable data-protection laws for which you have not obtained necessary consents.

4. Data, Privacy, and Third‑Party Services

Use of the Application involves processing of data you provide. The Application integrates third‑party services (for example, cloud hosting, AI providers, OCR, analytics, payments, and email delivery). Your use of third‑party services is subject to their terms and privacy policies. You are solely responsible for ensuring you have the necessary rights and notices for any data you upload.

For detailed information on how we collect, use, and protect data, please refer to our Privacy Policy. By using the Application, you agree to the practices described in the Privacy Policy.

5. Intellectual Property

The Application and all related content, features, and components are owned by BART Technologies Inc. or its licensors and are protected by intellectual property laws. This Agreement does not transfer any ownership rights. You retain ownership of the data you upload, subject to the licenses you grant under Section 6.2.

6. Outputs, Sharing, and License to Aggregated Data

6.1 Outputs License

Subject to this Agreement and payment of any applicable fees, you may use outputs generated for you for your internal business purposes. You may not publish, resell, sublicense, disclose, or use outputs to create datasets for model training, to benchmark or compete with the Application, or in any manner that violates Section 3.

6.2 License to Aggregated and De-Identified Data

You grant BART Technologies Inc. a worldwide, royalty-free license to use aggregated and de-identified information derived from your use of the Application to operate, secure, and improve the Application, including improving parsers, AI features, and analytics. This license does not extend to your raw documents, identifiable customer data, or PHI.

6.3 Sharing and Publishing Features

The Application enables you to share content with third parties (for example, share links, SBC QR codes, and Employee Benefit Center portals). When you share or publish content:

• You represent and warrant that you have authority to share the content with the selected audience, including any necessary authorization from your client (the employer) and any data subjects
• You are responsible for selecting appropriate share permissions, expiration windows, and audience controls
• You will not share content in a manner that exposes PHI absent a BAA (see Section 13) or that violates applicable law
• You will indemnify BART Technologies Inc. for claims arising from content you share or publish, in accordance with Section 9

6.4 Informational Use Only; No Professional Advice

• The Application may generate summaries, analyses, recommendations, and conversational responses. Such outputs are provided for informational purposes only and are not legal, medical, accounting, insurance, tax, or financial advice. BART Technologies Inc. is not an insurance broker, attorney, accountant, or financial advisor.
• Data sources, plan information, or market benchmarks may be incomplete, outdated, or provided by third parties. We do not guarantee accuracy, completeness, or fitness for a particular purpose. You are responsible for independently verifying outputs before relying on them or transmitting them to clients, regulators, or other third parties.

7. No Warranty

THE APPLICATION IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON‑INFRINGEMENT. YOUR USE OF THE APPLICATION IS AT YOUR SOLE RISK.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL BART TECHNOLOGIES INC. OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE APPLICATION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE APPLICATION SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT PAID, IF ANY, FOR ACCESS IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, AND (B) ONE HUNDRED U.S. DOLLARS ($100).

9. Indemnification

You will indemnify, defend, and hold harmless BART Technologies Inc. and its affiliates, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Application, (b) your violation of this Agreement, (c) your infringement or violation of any rights of another, (d) any content you upload, share, or publish through the Application, including via share links, QR codes, or published portals, and (e) any claim by your clients, your clients' employees, or other data subjects relating to your use of the Application.

10. Injunctive Relief; Survival

Your breach of Sections 3–6 may cause irreparable harm. BART Technologies Inc. may seek injunctive or equitable relief without posting bond. Sections 2–6, 8–9, and 11–18 survive termination.

11. Suspension and Termination

BART Technologies Inc. may suspend or terminate your access to the Application at any time if you violate this Agreement, if required by law, or in connection with security or operational concerns. Upon termination, your right to use the Application will cease immediately. Upon termination, you may request a reasonable export of your data within 30 days; after that period we may delete your data in accordance with our retention policy.

12. Governing Law and Dispute Resolution

This Agreement will be governed by and construed in accordance with the laws of the State of Georgia, United States of America, without regard to its conflict of law principles. You and BART Technologies Inc. consent to the exclusive jurisdiction and venue of the state and federal courts located in Georgia, USA.

13. HIPAA and Protected Health Information

The Application may receive information from you that constitutes Protected Health Information ("PHI") within the meaning of the U.S. Health Insurance Portability and Accountability Act of 1996 ("HIPAA"). Your obligations with respect to PHI are as follows:

• Default position. Unless and until a Business Associate Agreement ("BAA") between you (or your organization) and BART Technologies Inc. is executed and in effect, BART is not acting as a HIPAA Business Associate, and you agree not to upload PHI to the Application. To the extent you must transmit benefits information that could contain PHI, you will de-identify it in accordance with 45 C.F.R. § 164.514 prior to upload.
• BAA available on request. BART Technologies Inc. makes a BAA available to qualifying customers (typically Covered Entities, their Business Associates, and enterprise customers). When a BAA is executed, the terms of that BAA govern PHI handling and supersede any conflicting provisions of this Agreement with respect to PHI.
• Safeguards. Whether or not a BAA is in place, BART maintains administrative, physical, and technical safeguards consistent with the HIPAA Security Rule as a baseline.

To request a BAA or discuss enterprise data-handling requirements, contact privacy@trybart.com.

14. Subscription, Billing, and Auto-Renewal

If you purchase a paid subscription:

• Fees, billing frequency, and renewal terms are as described at the point of sale or in the applicable order form
• Unless otherwise stated, subscriptions automatically renew at the end of each term at the then-current price. You may cancel auto-renewal at any time through your account settings or by contacting support@trybart.com; cancellation takes effect at the end of the current paid term
• Except as required by law, fees are non-refundable. We will refund pre-paid fees on a pro-rated basis where required by applicable consumer-protection law
• We may change pricing for renewal terms with prior notice

15. Export Controls and Sanctions

You represent and warrant that (a) you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties (including the Specially Designated Nationals list). You will comply with all applicable export-control and sanctions laws in your use of the Application.

16. Versioning and Acceptance

Each effective version of this Agreement is identified by an internal version identifier. When you accept this Agreement — for example, by signing in to the Application — we record the version identifier of the Agreement in effect at the time of acceptance, together with the time of acceptance. Prior versions are available on request.

17. Changes to this Agreement

We may update this Agreement from time to time. Material changes will be announced with reasonable advance notice. Continued use of the Application after changes become effective constitutes your acceptance of the updated Agreement.

18. Contact

For questions regarding this Agreement, contact BART Technologies Inc. at support@trybart.com. For privacy or BAA requests, contact privacy@trybart.com.