Terms of Service

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. You agree to update your information as needed so that it remains accurate and complete.

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

Organizational Accounts. If you are an agency owner or administrator, you may invite and manage agents and staff within your organization's account. 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 OAuth. Your use of any third-party identity provider is subject to that provider's own terms and privacy policy.

Subscription Plans. The Service is offered under subscription plans with recurring fees, including Agent ($39/month), Agent Pro+ ($59/month), and Agency Pro+ ($99/month base plus $39/month per additional seat). Evrcad may modify plan names, features, and pricing with notice as described in the Modifications section.

Free Trial. Evrcad may offer a 14-day free trial of certain plan features with no credit card required. At the end of the trial, access will downgrade or terminate unless you convert to a paid subscription.

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 and applicable taxes.

No Refunds. Except where required by law or explicitly stated otherwise in writing, all fees are non-refundable. Downgrades or cancellations take effect at the end of your current billing period.

Taxes. You are responsible for all sales, use, and other taxes associated with your subscription, excluding taxes based on Evrcad's net income.

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, CMS Medicare Communications and Marketing Guidelines, state insurance laws, state call recording laws, and the TCPA.

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 of the Service. SMS messaging within Evrcad is intended only for appointment scheduling, high-level reminders, and general communications that do not contain PHI or other sensitive information. All PHI-bearing communications must occur via recorded phone calls, through secure document upload features, or within designated fields in the Evrcad interface designed to store PHI. Evrcad may warn, suspend, or terminate accounts that repeatedly or willfully violate this prohibition.

No Unsolicited Medicare Marketing Calls. You may not use the Service to place unsolicited outbound marketing calls or texts to Medicare beneficiaries in violation of CMS Medicare marketing 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.

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.

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.

Twilio as Telephony Conduit. Evrcad uses Twilio for telephony as a communications conduit. Call recordings are written directly to Evrcad's AWS S3 bucket through external storage configuration and are not retained on Twilio beyond the minimal processing necessary to complete the transfer. SMS message bodies are received via webhook and stored exclusively in Evrcad's AWS infrastructure; Twilio retains only delivery metadata. Twilio is not Evrcad's Business Associate. Evrcad relies on the HIPAA conduit exception for Twilio's limited, transient handling of PHI in transit and implements additional controls including disabling MMS and prohibiting PHI in SMS.

Evrcad BAA With Customers. Evrcad will enter into a Business Associate Agreement with eligible covered entities and business associates upon request. To request a BAA, contact 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, the 48-hour SOA requirement and its exceptions, call recording requirements for Medicare Advantage and Part D marketing and enrollment calls, required TPMO disclaimers and other mandated disclosures, and prohibitions on unsolicited contact and other marketing restrictions.

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 such as scheduling appointments, sending non-PHI reminders, providing general agency information, and summarizing prior interactions for your review. AI features 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.

TPMO Disclaimer and Call Recording. Where required by CMS, you are responsible for delivering the appropriate TPMO disclaimer at the start of each marketing call and ensuring that all required Medicare marketing and enrollment calls are recorded and retained for the required period (currently ten years).

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, and any state-specific consent requirements for automated or marketing calls.

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 calls or messages to Medicare beneficiaries in violation of the TCPA or CMS rules.

Program Description. Evrcad Insurance Suite enables licensed insurance agents to send transactional and service-related SMS messages to their clients directly through the platform. Message types include appointment reminders, Scope of Appointment (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 (end-users) opt in to receive SMS from their insurance agent through Evrcad when the agent documents their consent within the CRM at the time of an in-person meeting, phone call, or appointment. Consent is recorded with a timestamp and is specific to that agent and agency. Clients may also provide consent via a signed paper or digital SOA form that includes an SMS communication authorization checkbox. Evrcad agents are required by the platform’s Terms of Service to obtain prior express written consent before sending any automated or marketing SMS.

Opt-In Confirmation Message. When a client’s consent is first recorded in Evrcad, they receive the following confirmation SMS from their agent’s business number:

Message Frequency. Message frequency varies based on your agent’s activity and your enrollment status. You may receive messages around appointment scheduling, document requests, and coverage renewal periods (typically October–December annually). Msg & data rates may apply.

Opt-Out (STOP). Reply STOPto any message to opt out of all SMS from your agent’s Evrcad number. You will receive one final confirmation message: “You have been unsubscribed and will receive no further messages. Contact [Agent Name] directly if you need assistance.” No additional messages will be sent after opt-out.

Help (HELP). Reply HELPto any message to receive support information. You will receive: “For help with messages from your Evrcad agent, reply STOP to unsubscribe or contact support@evrcad.com. Msg & data rates may apply.”

No PHI in SMS. Agents are prohibited by Evrcad’s platform policy and these Terms from including Protected Health Information (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 meeting.

No Third-Party Sharing of Consent. Consent to receive SMS through Evrcad is not shared with or transferred to any third-party marketers. Opt-in data is used solely to facilitate communications between the consenting client and their licensed insurance 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 that such calls be recorded and retained.

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 by law.

Storage and Retention. Call recordings are stored encrypted in AWS S3 under Evrcad's AWS BAA and retained for at least ten (10) years to support CMS audit and carrier oversight requirements, unless a longer retention period is required by law.

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 including AI SMS responder and AI voice secretary are provided for assistance only. AI outputs are suggestions or drafts. They 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. Data is not used to train shared models and remains logically isolated to your AWS account.

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.

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. Evrcad will provide a comprehensive export including client records, SOA forms, call recordings, SMS history, audit logs, and other data 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 duration of applicable retention obligations.

Aggregated Data. Evrcad retains the right to use aggregated, de-identified data that cannot reasonably be used to identify any individual for analytics and product improvement.

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 during the twelve (12) months preceding the event giving rise to liability. Some jurisdictions do not allow limitations of liability, so some limitations may not apply to you.

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

19.2 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.

19.3 Termination by Evrcad. Evrcad may suspend or terminate your access to the Service, 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 before termination.

19.4 Service Discontinuation — Notice and Data Export. If Evrcad elects to permanently discontinue the Service in its entirety, Evrcad will use commercially reasonable efforts to provide at least ninety (90) days advance notice to all active account holders via email and in-Service notification. During the notice period, Evrcad will make available a comprehensive data export containing your organization's client records, SOA forms, call recordings, SMS history, and audit logs in standard formats. You are responsible for downloading and securely storing your export before the discontinuation date. Evrcad is not responsible for data loss resulting from your failure to retrieve your export during the notice period.

19.5 Retention of Regulatory Records After Discontinuation. Notwithstanding any discontinuation of the Service, Evrcad acknowledges that certain records — including Scope of Appointment forms, call recordings, and related audit logs — are subject to mandatory retention periods under CMS requirements and HIPAA. Evrcad intends to maintain such records in a secure, accessible state for the duration of applicable retention obligations following any service discontinuation, which may take the form of a read-only archive, transfer to a compliant third-party custodian, or other reasonable means. The specific method will be communicated in the discontinuation notice. You independently bear your own obligations to retain these records under applicable law and should maintain independent copies.

19.6 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. By accepting a data export, you agree to store and protect such records consistent with CMS requirements, HIPAA, and applicable state law for the remainder of any mandatory retention period.

19.7 Business Transfers and Acquisitions. 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 these Terms and the Privacy Policy. Evrcad will provide notice of any such transfer consistent with applicable law. Any successor entity will be required to honor existing data retention obligations including CMS and HIPAA requirements.

19.8 Survival. The following provisions survive termination or expiration of these Terms: data ownership and license (Section 12), confidentiality and security (Section 14), intellectual property (Section 15), disclaimers (Section 16), limitation of liability (Section 17), indemnification (Section 18), dispute resolution (Section 21), and any provision that by its nature should survive.

22.1 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 its conflict of law rules.

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

22.3 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. The arbitration will be held in Utah County, Utah, by a single arbitrator.

22.4 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.

22.5 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.