Terms of Service

Evrcad Insurance Suite is a cloud-based, multi-tenant software-as-a-service platform designed for licensed Medicare insurance agents and agencies to manage their books of business and related operations. The Service includes client relationship management (CRM), digital Scope of Appointment (SOA) forms with IP, timestamp, and geolocation tracking, calendar and appointment scheduling, agent performance analytics and dashboards, carrier book-of-business import tools, business phone number provisioning for agents, SMS messaging between agents and clients, voice calling with call recording, AI-assisted features (see Section 12 for deployment status), and agency management tools including agent monitoring, recruiting, training content management, team communication, geo-verified timeclock, and audit logs.

The Service is a technology platform and tool only. Evrcad is not a licensed insurance agency, insurance producer, Third-Party Marketing Organization (TPMO), field marketing organization, or lead generator; does not market, sell, recommend, quote, compare, or enroll beneficiaries in Medicare plans; does not contact Medicare beneficiaries on its own behalf; and does not provide legal, tax, medical, insurance, or financial advice. All marketing, sales, enrollment, and beneficiary communications conducted through the Service are performed by, and are the sole responsibility of, the licensed agents and agencies that use the Service.

By creating an account, clicking "I agree," or using the Service, you agree to be bound by these Terms, the Privacy Policy, the Acceptable Use Policy, the Copyright & DMCA Policy, the AI Features & Disclosure Notice, and, where you handle Protected Health Information, the Business Associate Agreement (together, the "Agreement"). If you are entering into these Terms on behalf of an organization such as an insurance agency, you represent that you have authority to bind that organization. In that case, "you" and "Customer" refer to that organization. If you do not agree, do not access or use the Service.

Electronic Records and Signatures (E-SIGN Consent). You consent to transact with Evrcad electronically. You agree that (a) clicking "I agree," creating an account, or using the Service constitutes your electronic signature and manifests your assent to the Agreement; (b) Evrcad may provide the Agreement and all disclosures, notices, and other communications to you electronically, including by email, in-Service notification, or by posting to Evrcad’s website; and (c) electronic records satisfy any legal requirement that such communications be in writing. This consent is given under the federal Electronic Signatures in Global and National Commerce Act (E-SIGN), the Uniform Electronic Transactions Act (UETA) as adopted in Utah, and comparable laws. To access and retain electronic communications you must have a device and software capable of receiving and viewing them (for example, a current web browser and a valid email account). You may withdraw your consent to transact electronically only by ceasing use of the Service and closing your account; withdrawal does not affect the validity of any transaction completed before withdrawal. You may request a paper copy of any record, and update the email address associated with your account, by contacting legal@evrcad.com or through account settings.

Eligibility. You must be at least 18 years old to use the Service. By using the Service, you represent that you are legally able to enter into binding contracts.

Licensing. All agents using the Service must hold valid, active insurance producer licenses for each state in which they solicit, market, or sell Medicare-related products. You are solely responsible for obtaining and maintaining required licenses and appointments and for complying with all applicable state insurance laws and regulations.

No Licensing Verification by Evrcad. Evrcad does not verify your licensing status and does not monitor your ongoing compliance with licensing, appointment, or continuing education requirements. You remain fully responsible for ensuring that your use of the Service is lawful in every jurisdiction where you operate.

Account Creation. You must create an account and provide accurate, current, and complete registration information, and update it as needed.

Credentials. You are responsible for maintaining the confidentiality of your login credentials and for all activities under your account and must promptly notify Evrcad of any unauthorized access or use.

Organizational Accounts. If you are an agency owner or administrator, you may invite and manage agents and staff within your organization’s account, and you are responsible for the actions of all users you invite or authorize.

Authentication Methods. The Service may allow login via email/password or third-party identity providers such as Google or Apple. Your use of any third-party identity provider is subject to that provider’s own terms and privacy policy.

5.1 Plans and Fees. The Service is offered under subscription plans with recurring fees. The plans available, their included features, seat limits, and the fees for each are those described at https://evrcad.com/pricing (the "Pricing Page"), which is incorporated into these Terms by reference. The plans and fees that apply to you are those stated on the Pricing Page as of the date your subscription term begins or renews, except as otherwise agreed in a written order form signed by Evrcad. Certain plans are made available at no charge to users invited by an agency that holds a paid agency subscription; those users' access depends on the agency's subscription remaining in good standing.

5.2 Changes to Fees. Evrcad may change its plans, plan features, and fees at any time in its sole discretion. Fee changes take effect as follows:

(a) New subscriptions. A changed fee applies immediately to any subscription purchased on or after the date the change is posted to the Pricing Page.

(b) Existing subscriptions. The fee for your current subscription term will not change during that term. A changed fee applies beginning with your next renewal term, provided that Evrcad gives you notice of the change at least thirty (30) days before your renewal date, by email or through the Service. If you do not wish to accept the changed fee, you may cancel automatic renewal before the renewal date as described in Section 5.7. Allowing your subscription to renew after receiving notice constitutes acceptance of the changed fee.

(c) Seat and usage-based charges. Fees for additional seats, add-on features, and any usage-based charges may change on thirty (30) days' notice, effective as to usage occurring after the notice period.

(d) Taxes and pass-through charges. Changes in applicable taxes, regulatory surcharges, or third-party pass-through charges may take effect without advance notice.

Changes to fees are governed by this Section 5.2 rather than by Section 21.

5.3 No Guaranteed Pricing. Promotional, introductory, early-adopter, founding-customer, and legacy pricing are offered at Evrcad's discretion and only for the period stated at the time of purchase. Evrcad has no obligation to continue any promotional or discounted rate, to grandfather any plan, price, feature, or feature tier, or to continue offering any particular plan. Evrcad may discontinue a plan on thirty (30) days' notice, in which case you may migrate to another available plan or cancel under Section 5.7.

5.4 Free Trial. Evrcad may offer a free trial of certain plan features for a limited period, currently fourteen (14) days, with no credit card required. Trial eligibility, duration, and included features are as stated on the Pricing Page or at signup and may be changed or withdrawn at any time as to prospective trials. Evrcad will provide notice before your trial period expires. At the end of the trial, your access will downgrade or terminate unless you convert to a paid subscription. Evrcad may limit trials to one per user, agency, or payment method, and may terminate a trial at any time for suspected abuse.

5.5 Early Access / Beta. Some features, or the Service as a whole, may be offered on an early-access or beta basis. Early-access and beta features are provided "as is," may be incomplete, may change or be withdrawn, and may contain more errors or interruptions than generally available features. Evrcad may modify, add, or remove features during early access, and does not guarantee any specific feature, uptime, or result. You acknowledge that you are an early customer, that the Service is actively evolving, and that Evrcad's liability for early-access and beta features is limited to the fullest extent permitted by Sections 17 and 18. Any feedback you provide is governed by Section 13.

5.6 Billing. Subscription fees are billed in advance on a recurring basis through Stripe. You authorize Evrcad and Stripe to charge your payment method for subscription fees, seat and add-on charges, and applicable taxes. You are responsible for keeping a current, valid payment method on file. If a charge is declined, Evrcad may retry the charge and may suspend, downgrade, or terminate the Service as described in Section 5.7.

5.7 Automatic Renewal; Cancellation. YOUR PAID SUBSCRIPTION RENEWS AUTOMATICALLY. Unless you cancel before the end of the then-current term, each subscription automatically renews for a successive term of the same length (monthly plans renew monthly; annual plans renew annually), and Evrcad, through Stripe, will charge the payment method on file the then-current fees plus applicable taxes for the renewal term. Annual plans, where offered, are billed once per term and are presented at a discount to monthly pricing as stated on the Pricing Page.

For subscription terms longer than forty-five (45) days, Evrcad will provide a renewal notice at least thirty (30) and not more than sixty (60) days before the renewal date, disclosing the renewal date, the total renewal cost, and how to cancel.

You may cancel automatic renewal at any time through account settings or by contacting support@evrcad.com. Cancellation takes effect at the end of the current billing period, and you retain access to paid features until then. Evrcad will provide any renewal reminders, price-change notices, and cancellation instructions required by applicable automatic-renewal laws. If a renewal charge cannot be processed, Evrcad may suspend, downgrade, or terminate the Service.

5.8 No Refunds. Except where required by law or explicitly stated otherwise in writing, all fees are non-refundable, including for partial billing periods, unused seats, and periods of non-use. Downgrades and cancellations take effect at the end of your current billing period.

5.9 Taxes. You are responsible for all sales, use, and other taxes associated with your subscription, excluding taxes based on Evrcad's net income. If Evrcad is required to collect such taxes, they will be added to your invoice.

Responsibility for Your Use. You are solely responsible for your use of the Service, all content you upload or store through the Service, and compliance with all applicable federal, state, and local laws including HIPAA, the CMS Medicare Communications and Marketing Guidelines, state insurance laws, state call recording laws, and the TCPA. Your use is also governed by the Acceptable Use Policy, which is incorporated by reference.

Prohibited Conduct. You may not: use the Service for any unlawful, deceptive, fraudulent, or abusive purpose; attempt to gain unauthorized access to the Service, other users’ data, or Evrcad’s systems; interfere with or disrupt the Service; reverse engineer or decompile the Service; use the Service to send spam or unsolicited messages prohibited under CMS rules or the TCPA; or misrepresent your identity or affiliation with any carrier, CMS, or Evrcad.

PHI via SMS Prohibited. You may not transmit Protected Health Information (PHI) as defined under HIPAA via the SMS messaging feature. SMS within Evrcad is intended only for appointment scheduling, high-level reminders, and general communications that do not contain PHI. All PHI-bearing communications must occur via recorded phone calls, secure document upload, or designated in-app fields. Evrcad may warn, suspend, or terminate accounts that repeatedly or willfully violate this prohibition.

No Unsolicited Medicare Marketing. You may not use the Service to place unsolicited outbound marketing calls or texts to Medicare beneficiaries in violation of CMS rules or the TCPA. You are solely responsible for ensuring that every call and text sent through the Service complies with CMS rules and applicable consumer protection laws.

Notice and Cooperation. If you receive any complaint, inquiry, demand, subpoena, audit request, or notice from a Medicare beneficiary, client, carrier, regulator, or government authority that relates to your use of the Service or to communications you sent through it, you will promptly notify Evrcad at legal@evrcad.com and reasonably cooperate with Evrcad in responding, including preserving relevant records. Nothing in this Section makes Evrcad responsible for your compliance or for resolving such matters, which remain your responsibility.

Role Under HIPAA. Evrcad operates as a Business Associate (and in some cases a subcontractor Business Associate) under HIPAA. Evrcad has executed a Business Associate Agreement (BAA) with Amazon Web Services (AWS) covering its use of HIPAA-eligible AWS services. Evrcad’s HIPAA obligations to Customer are set out in the separate Business Associate Agreement.

PHI Storage. Evrcad stores PHI only within HIPAA-eligible AWS services under the AWS BAA, including Amazon RDS (PostgreSQL) for structured client data and SMS content, Amazon S3 for call recordings and SOA documents, and AWS audit and logging services to the extent they store PHI.

Telnyx as Telephony Conduit. Evrcad uses Telnyx for telephony as a communications conduit and has elected not to execute a Business Associate Agreement with Telnyx, relying instead on the HIPAA conduit exception (45 CFR §164.502(e)(1)(ii); 78 FR 5571-72) for Telnyx’s transient transmission of voice calls and SMS messages. Call recordings are written directly to Evrcad’s AWS S3 bucket through external storage configuration and are not retained on Telnyx’s infrastructure after transfer. Telnyx stores SMS message body text for a limited period (up to 10 days per Telnyx’s documentation) before wiping it. Evrcad’s conduit posture for SMS therefore does not rest on a claim that Telnyx retains no message content; it rests on the prohibition against transmitting PHI via SMS, so that the content Telnyx temporarily stores is non-PHI. Evrcad further disables MMS. Telnyx is not Evrcad’s Business Associate.

Evrcad BAA With Customers. Evrcad will enter into a Business Associate Agreement with eligible covered entities and business associates. The BAA is presented for acceptance during onboarding and is available at https://insurance.evrcad.com/baa or from legal@evrcad.com. These Terms and the Privacy Policy are not a Business Associate Agreement.

Customer Responsibilities Under HIPAA. You are responsible for determining whether you are a covered entity or business associate under HIPAA, obtaining required patient authorizations or consents, ensuring your use of the Service complies with your own HIPAA policies and procedures, and implementing appropriate safeguards within your premises and workflows.

Customer Responsibility for MCMG Compliance. You are responsible for complying with all applicable CMS Medicare Communications and Marketing Guidelines including rules governing SOA collection and retention, call recording requirements, required TPMO disclaimers and other mandated disclosures, and prohibitions on unsolicited contact and other marketing restrictions.

SOA and Marketing Rule Changes (CY2027 Final Rule). Effective October 1, 2026, the CMS CY2027 final rule eliminates the 48-hour waiting period between SOA completion and a personal marketing appointment, permitting same-day appointments. You remain responsible for collecting and retaining SOAs as required.

TPMO Disclaimer. Effective October 1, 2026, the required TPMO disclaimer must be conveyed before any discussion of Medicare plan benefits and is no longer required to be delivered within the first 60 seconds of a call. The required disclaimer no longer includes a reference to State Health Insurance Assistance Programs (SHIP) and retains references to Medicare.gov and 1-800-MEDICARE. Where CMS requires it, you are responsible for delivering the appropriate, current TPMO disclaimer; Evrcad supports per-organization configurable disclaimer text but does not supply or guarantee compliant disclaimer language.

Call Recording Retention. Effective October 1, 2026, Medicare marketing and sales call recordings must be retained for at least six (6) years (audio for years 1–3; audio or a complete and accurate transcript for years 4–6), while Medicare enrollment records — including the enrollment portion of any call — must be retained for at least ten (10) years. You are responsible for classifying calls and meeting the applicable retention requirement; longer periods may apply under carrier or FMO contracts or state law.

Tools, Not Legal Advice. The Service provides tools to help you implement and document CMS compliance but does not guarantee compliance. Evrcad does not provide legal or regulatory advice and is not responsible for your failure to comply with CMS requirements.

AI and Plan Recommendations. AI-assisted features are limited to administrative and informational functions and are not permitted to recommend specific Medicare plans or products, quote or compare premiums, benefits, formularies, or provider networks, enroll beneficiaries, or complete applications. You must review and approve all AI-generated content before sending it to beneficiaries and remain solely responsible for all marketing and enrollment communications.

Consent Required. You are solely responsible for obtaining all legally required consents for calls and SMS sent through the Service, including prior express written consent for marketing texts where required under the TCPA and related FCC rules (including the one-to-one consent standard), and any state-specific consent requirements.

Your Representations and Warranties Regarding Consent. You represent, warrant, and covenant, on a continuing basis, that: (a) you have obtained and will maintain every consent, permission, and authorization required by the TCPA, the FCC’s implementing rules (including any applicable prior express consent, prior express written consent, and one-to-one consent requirements), state telemarketing, calling-time, and call-recording laws, and applicable Do-Not-Call requirements, for each call, text message, and voicemail you initiate or cause to be initiated through the Service; (b) you will keep auditable records evidencing that consent and its scope; (c) you will promptly honor and record every revocation or opt-out request received through any reasonable means; (d) you will not use the Service to contact any person on an applicable Do-Not-Call registry without a lawful basis; and (e) each communication you send through the Service is accurate, non-deceptive, and compliant with applicable law and CMS rules. These representations are material to Evrcad’s agreement to provide the Service, and your breach of them is grounds for immediate suspension or termination.

Customer as Sole Initiator; Evrcad as Tool. You acknowledge and agree that you — not Evrcad — determine the recipients, timing, and content of all calls and messages sent through the Service, and that you are the initiator and sender of every such communication. Evrcad provides the Service as a passive technological tool that you operate. Evrcad has no direct relationship with, and owes no duty to, the Medicare beneficiaries or other individuals you contact through the Service; those individuals are your clients, and you are the party responsible to them.

Opt-Out Mechanisms. You must honor all STOP, UNSUBSCRIBE, and similar opt-out requests for SMS. The Service may implement automated keyword-based opt-out handling, but you remain responsible for compliance with all opt-out requests and applicable laws.

Prohibited Use. You may not use the Service to send unlawful, deceptive, or abusive calls or messages, including unsolicited telemarketing to Medicare beneficiaries in violation of the TCPA or CMS rules.

Program Description. The Service enables licensed insurance agents to send transactional and service-related SMS messages to their clients. Message types include appointment reminders, SOA document requests, policy update notifications, enrollment follow-ups, and general client service communications. Evrcad does not send marketing SMS to Medicare beneficiaries. All messaging is agent-initiated and directed at the agent’s existing book of business.

How Clients Opt In. Clients opt in to receive SMS from their agent when the agent documents their consent within the CRM at the time of an in-person meeting, phone call, or appointment, or via a signed paper or digital SOA form that includes an SMS communication authorization. Consent is recorded with a timestamp and is specific to that agent and agency. Agents are required to obtain prior express written consent before sending any automated or marketing SMS.

Opt-Out (STOP) / Help (HELP); No PHI in SMS. Clients may reply STOP to opt out and HELP for assistance. Agents are prohibited by these Terms from including PHI (such as Medicare ID numbers, diagnoses, or specific plan benefit details) in SMS messages. All sensitive Medicare discussions must occur via phone call or in person.

No Third-Party Sharing of Consent. Consent to receive SMS through Evrcad is not shared with or transferred to any third-party marketers and is used solely to facilitate communications between the consenting client and their licensed agent.

Recording by Default. The Service is designed to record inbound and outbound calls within the scope of Medicare marketing, sales, and enrollment activities, in accordance with CMS requirements.

Notice and Consent. Evrcad may provide technical means such as an audible beep or pre-call message to notify parties that calls are being recorded, but you are solely responsible for providing any required notices, obtaining all legally required consents under federal and state call recording laws (including two-party-consent states such as California), and ensuring you do not record calls where recording is prohibited.

Access by Agencies. Agency owner and administrator accounts may access and review call recordings of their agents for supervision, quality assurance, and compliance purposes. You are responsible for any local privacy or employment-law obligations arising from such monitoring.

AI Assistance Only. AI features are provided for assistance only. AI outputs are suggestions or drafts and do not constitute legal, medical, financial, or insurance advice.

Human Review Required. You must review AI-generated content before it is sent to any client or beneficiary and remain solely responsible for the content of all communications. You may not rely on AI to make binding decisions or enrollments.

AI Scope Limitations. You may not configure or use AI features to make plan recommendations or comparisons, quote premiums or estimate out-of-pocket costs, complete or submit enrollment applications, or provide individualized legal or compliance advice.

AI Data Handling. AI features are implemented using AWS Bedrock. Under AWS policy, model providers do not use your prompts or completions to train or improve their foundation models, and data remains logically isolated to Evrcad’s AWS account. Further detail is in the AI Features & Disclosure Notice.

AI Feature Deployment Status. AI features are in staged development. AI-assisted drafting/summarization is available to Pro+ subscribers. Any AI voice assistant feature is in development and is not currently deployed; it will not be made available until Evrcad completes required legal and regulatory review, including review of the HIPAA implications of AI processing of call content. Where a consumer interacts directly with a generative AI feature, the AI is designed to identify itself as AI, consistent with applicable law.

Customer Ownership. As between you and Evrcad, you retain all right, title, and interest in and to all client data and other content you upload or store in the Service, subject to the licenses granted in these Terms.

License to Evrcad. You grant Evrcad a non-exclusive license to host, copy, process, and transmit your data solely to provide, maintain, and improve the Service, prevent or address technical issues, and comply with applicable law.

Feedback. If you provide Evrcad with suggestions, ideas, or other feedback about the Service, you grant Evrcad a perpetual, irrevocable, royalty-free license to use that feedback for any purpose without obligation to you.

On-Demand Export. Agency administrators may request or initiate an export of their organization’s data at any time through account settings or by contacting support@evrcad.com, including client records, SOA forms, call recordings, SMS history, and audit logs, in standard formats within a commercially reasonable time.

No Deletion of Regulatory Records. SOA forms, call recordings, and HIPAA audit logs cannot be deleted on request while mandatory CMS or HIPAA retention periods remain in effect; such records will be deactivated but retained in secure storage for the applicable period.

Aggregated Data. Evrcad may use aggregated, de-identified data that cannot reasonably identify any individual for analytics and product improvement.

The Service integrates with Amazon Web Services (hosting, database, storage, authentication, logging, AI inference), Telnyx (telephony and SMS), Stripe (payment processing), AWS SES (transactional email, covered under AWS BAA, configured not to include PHI), and Google and Apple (OAuth authentication). A current subprocessor list is available at https://insurance.evrcad.com/subprocessors. Your use of these services may be subject to additional terms and privacy policies of those third parties. Evrcad is not responsible for third-party services’ acts or omissions.

Evrcad will implement and maintain administrative, physical, and technical safeguards designed to protect Customer Data against unauthorized access, disclosure, or loss, consistent with HIPAA’s Security Rule and industry best practices. You are responsible for configuring the Service securely within your organization, including restricting access to authorized personnel, managing user roles, and using strong authentication practices.

The Service, including all software, user interfaces, designs, trademarks, logos, and documentation, is owned or licensed by Evrcad and protected by intellectual property laws. Except for the limited rights expressly granted in these Terms, Evrcad retains all rights, title, and interest in and to the Service. You may not use Evrcad’s name, trademarks, or logos without prior written consent, except to refer to Evrcad by name in truthful, non-misleading statements. Copyright infringement claims are handled under the Copyright & DMCA Policy.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. Evrcad does not warrant that the Service will be uninterrupted, error-free, or secure, or that it will ensure your compliance with HIPAA, CMS rules, the TCPA, or any other law. You are solely responsible for your compliance.

No Service Level Commitment; Service Credits as Sole Remedy. Except as expressly set out in a separate written agreement signed by an authorized officer of Evrcad, Evrcad makes no service-level, uptime, availability, or response-time commitment for the Service, and does not guarantee that any particular feature will remain available. The Service may be unavailable from time to time due to maintenance, updates, third-party dependencies, or causes beyond Evrcad’s reasonable control. If Evrcad, in its sole discretion, elects to provide service credits for any downtime or degradation, such credits are your sole and exclusive remedy for that downtime or degradation, are not redeemable for cash, and do not extend the term. Nothing in this Section expands Evrcad’s liability beyond Section 18.

Evrcad will not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages, or for loss of profits, revenue, goodwill, or data, arising out of or relating to the Service or these Terms, even if advised of the possibility of such damages.

Evrcad’s aggregate liability arising out of or relating to the Service or these Terms will not exceed the total amounts paid by you to Evrcad for the services provided during the twelve (12) months preceding the event giving rise to liability. Some jurisdictions do not allow certain limitations, so some may not apply to you.

Exclusions from the Cap. The limitations and exclusions in this Section do not limit or excuse your obligation to pay fees when due or your indemnification obligations under Section 19. The disclaimers, exclusions, and limitations in Sections 17 and 18 apply to the fullest extent permitted by law, apply even if a limited remedy fails of its essential purpose, and form an essential basis of the bargain between you and Evrcad.

Time Limit on Claims. To the extent permitted by law, any claim or cause of action arising out of or relating to the Service or these Terms must be filed within one (1) year after the claim accrued, or it is permanently barred.

Telephony and TCPA Indemnification. Without limiting the general indemnity below, you will indemnify, defend, and hold harmless Evrcad and its officers, directors, members, employees, and agents (the "Evrcad Parties") from and against any and all claims, demands, actions, investigations, penalties, statutory or liquidated damages, judgments, settlements, and costs (including reasonable attorneys’ fees and costs of defense) arising out of or relating to any call, text message, voicemail, fax, or other communication initiated, sent, scheduled, or caused to be sent by you or on your behalf through the Service, including any alleged violation of the TCPA, the Telemarketing Sales Rule, state telemarketing or call-recording laws, Do-Not-Call requirements, or CMS marketing rules, and any claim that such a communication lacked a required consent. Evrcad may, at its option and your expense, assume the exclusive defense and control of any matter subject to indemnification by you, in which case you will cooperate with Evrcad; you may not settle any such matter in a manner that imposes any obligation, payment, or admission on any Evrcad Party without Evrcad’s prior written consent.

You agree to indemnify, defend, and hold harmless Evrcad and its officers, directors, members, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: your use of the Service; your violation of the Agreement; your violation of any law or regulation including HIPAA, the CMS MCMG, the TCPA, and state insurance or privacy laws; any call, SMS, or other communication you send or cause to be sent through the Service; any claim by a Medicare beneficiary, client, or other individual arising from your use of the Service or your communications with them; and any dispute between you and your clients, beneficiaries, carriers, or regulators.

20.1 Term. These Terms remain in effect while you have an active account or continue to use the Service.

20.2 Termination by You. You may cancel your subscription at any time through account settings or by contacting support@evrcad.com. Cancellation takes effect at the end of your current billing period. Fees paid are non-refundable except where required by law.

20.3 Termination by Evrcad. Evrcad may suspend or terminate your access, with or without prior notice, if you breach these Terms or any applicable law, your use creates a security or legal risk, your account is involved in fraud or abuse, or Evrcad ceases to offer the Service. Where feasible, Evrcad will provide notice and an opportunity to cure material breaches.

20.4 Service Discontinuation — Notice and Data Export. If Evrcad permanently discontinues the Service in its entirety, Evrcad will use commercially reasonable efforts to provide at least ninety (90) days advance notice via email and in-Service notification, and will make available a comprehensive data export during the notice period. You are responsible for downloading and securely storing your export before the discontinuation date.

20.5 Transfer of Retention Obligations Upon Export. When you download your data export, you acknowledge receipt of your records and accept responsibility for maintaining SOA forms, call recordings, and related compliance documentation for the full applicable retention period under CMS requirements, HIPAA, and applicable state law.

20.6 Business Transfers. If Evrcad is acquired by, merges with, or transfers substantially all of its assets to another entity, your data including PHI and regulatory records may be transferred to the acquiring entity subject to obligations no less protective than those in the Agreement, and any successor will be bound by existing CMS and HIPAA retention obligations. Evrcad will provide notice consistent with applicable law.

20.7 Provisioned Phone Numbers. Business phone numbers provisioned through the Service are provided for use with the Service and are not owned by you. Upon termination or suspension of your account, or upon discontinuation of the Service, Evrcad may deactivate, reclaim, or release any phone number assigned to you. Where feasible, Evrcad will provide advance notice and a reasonable window during which you may request to port an eligible number to another provider; numbers not ported within that window may be released and may become unavailable. Evrcad is not liable for any loss arising from deactivation or release of a phone number in accordance with this Section.

20.8 Deletion of Unclaimed Non-Regulatory Data. Following termination, cancellation, or expiration of your account, or discontinuation of the Service, Evrcad will make your data available for export for a period of [thirty (30)] days (or any longer period stated in a discontinuation notice or required by law). After that period, Evrcad may permanently delete Customer Data that is not subject to a mandatory CMS, HIPAA, or other legal retention obligation, after which it cannot be retrieved. Records subject to mandatory retention are handled under Sections 20.5 and 20.6. You are solely responsible for exporting and independently retaining your data before the export window closes, and Evrcad is not liable for deletion of non-regulatory Customer Data in accordance with this Section.

20.9 Survival. The following survive termination or expiration: data ownership and license (Section 13), confidentiality and security (Section 15), intellectual property (Section 16), disclaimers (Section 17), limitation of liability (Section 18), indemnification (Section 19), dispute resolution (Section 23), no third-party beneficiaries (Section 24), and any provision that by its nature should survive.

Evrcad may modify the Service, including features and subscription plans, from time to time, and may update these Terms. If we make material changes, we will provide notice by email or through the Service. Your continued use after the effective date of updated Terms constitutes acceptance.

Evrcad will not be liable for any delay or failure to perform to the extent caused by circumstances beyond its reasonable control, including natural disasters, acts of government, pandemic, war, terrorism, labor disputes, internet or infrastructure failures, or actions of third-party service providers. In such events, Evrcad will use commercially reasonable efforts to provide notice and restore services or assist with data export as quickly as practicable. This Section does not relieve Evrcad of its obligations to maintain regulatory records described in Section 20.5.

23.1 Governing Law. These Terms and any dispute arising out of or relating to them or the Service will be governed by the laws of the State of Utah, without regard to conflict-of-law rules.

23.2 Informal Resolution. Before initiating formal proceedings, you agree to contact Evrcad at legal@evrcad.com to attempt to resolve the dispute informally.

23.3 Binding Arbitration. Any dispute that cannot be resolved informally will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, held in Utah County, Utah, by a single arbitrator.

23.4 Class Action Waiver. YOU AND EVRCAD AGREE THAT ANY ARBITRATION OR PROCEEDING WILL BE LIMITED TO THE DISPUTE BETWEEN EVRCAD AND YOU INDIVIDUALLY. YOU AGREE NOT TO JOIN OR CONSOLIDATE CLAIMS WITH OTHERS OR PARTICIPATE IN ANY CLASS, REPRESENTATIVE, OR CONSOLIDATED ACTION OR PROCEEDING.

23.5 Injunctive Relief. Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its confidential information or intellectual property.

23.6 Mass and Coordinated Filings; Batch Arbitration. If twenty-five (25) or more similar demands for arbitration are asserted against Evrcad by or with the assistance or coordination of the same or coordinated counsel or entities, or are otherwise filed in a coordinated manner, you and Evrcad agree the demands will be administered in batches of no more than fifty (50) claimants each (with a final batch for any remainder). The parties will cooperate with the AAA to (a) appoint one arbitrator for each batch, (b) resolve each batch as a single consolidated proceeding for administrative and fee purposes, and (c) sequence the batches to resolve efficiently. A court of competent jurisdiction may enforce this provision, including by enjoining the demand, assessment, or collection of arbitration fees inconsistent with it. This provision does not create any right to proceed on a class, collective, or representative basis, which remains waived under Section 23.4. Applicable limitations periods are tolled for claims awaiting a later batch from the filing of the first batch until that claim’s batch commences.

23.7 Small-Claims Exception. Notwithstanding the agreement to arbitrate, either party may bring an individual claim in a small-claims court of competent jurisdiction, so long as the matter remains an individual proceeding and is not removed, transferred, or appealed to a court of general jurisdiction.

23.8 Your Right to Opt Out of Arbitration. You may opt out of the arbitration agreement and batch-arbitration provision in Sections 23.3, 23.4, and 23.6 by sending written notice to legal@evrcad.com within thirty (30) days after you first accept these Terms, stating your name, account email, and an unambiguous statement that you wish to opt out of arbitration. Opting out affects only those subsections and no other part of these Terms. If you do not opt out within thirty (30) days, you are bound by the arbitration agreement.

23.9 Severability of This Section. If any portion of this Section 23 other than the Class Action Waiver in Section 23.4 is found unenforceable, that portion is severed and the remainder is enforced. If the Class Action Waiver in Section 23.4 is found unenforceable as to a particular claim or request for relief, that claim or request will be severed and proceed in a court of competent jurisdiction, while all other claims proceed in arbitration.

No Third-Party Beneficiaries. The Agreement is solely for the benefit of you and Evrcad. No other person or entity — including any Medicare beneficiary, client, or other individual you contact or serve through the Service — is an intended third-party beneficiary of the Agreement or has any right to enforce any provision of it. Nothing in the Agreement creates any relationship, duty, or obligation between Evrcad and any such individual.

Incorporation of Referenced Policies; Order of Precedence. The Privacy Policy, Acceptable Use Policy, Copyright & DMCA Policy, AI Features & Disclosure Notice, and Subprocessor List, each as updated from time to time and made available through the Service or on Evrcad’s website, are incorporated into and made part of the Agreement by reference. If there is a conflict among the documents comprising the Agreement, the following order of precedence controls as to the subject matter of each: (1) the Business Associate Agreement, as to PHI and HIPAA matters; (2) any separately signed written order or master agreement between you and Evrcad; (3) these Terms; and (4) the other incorporated policies. Section headings and the Summary of Changes block are for convenience only and do not affect interpretation.

If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect. You may not assign these Terms without Evrcad’s prior written consent. Evrcad may assign these Terms in connection with a merger, acquisition, or sale of assets. No waiver of any provision is effective unless in writing and signed by Evrcad. The Agreement constitutes the entire agreement between you and Evrcad regarding the Service.

Email (legal): legal@evrcad.com — Email (support): support@evrcad.com