Effective Date: Jan 1, 2022

Welcome to Gradient AI’s web portal (the “Service”). Please read these Terms carefully because they are a binding agreement between You and Gradient (“Gradient” or “We”).

Your Accounts

You are required to create an account and specify a password in order to use certain services or features of the Service. To create an account, you must be at least 18 years old and you must provide truthful and accurate information about yourself. If your information changes at any time, please update your account to reflect those changes. You may not share your account with anyone else. Please keep your password confidential, and do not use it on other websites. If you believe that your account has been compromised at any time, please notify Gradient.

Modifications and Termination
We reserve the right to modify the Service at any time, with or without notice to you. For example, we may add or remove functionality or features, and we may suspend or stop a particular feature altogether. If you don’t like any changes, you can stop using the Service at any time.

Your Use of the Sites
Please do not use the Service in a way that violates any laws, infringes on anyone’s rights, is offensive, or interferes with the Service or any features on the Service (including any technological measures we employ to enforce these Terms).

If We (in our sole discretion) determine that you have acted inappropriately, We reserve the right to remove your application, terminate your account, prohibit you from using the Service, and take appropriate legal actions.

Using the Service does not give you ownership of any intellectual property rights to the content you access. You may not use content from the Service unless you obtain permission from us or its owner, or unless you are otherwise permitted by law.

When you use the Service, you are communicating with Gradient electronically. You consent to receive electronically any communications related to your use of the Service. We may communicate with you by email or by posting notices on the Service. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from us intended for receipt by you shall be deemed delivered and effective when sent to the email address you provide to us. Please note that by submitting your health application, creating a user account or otherwise providing us with your email address, postal address or phone number, you are agreeing that the Service or their agents may contact you at that address or number in a manner consistent with our Privacy Policy.

Our Warranties and Disclaimers
We provide the Service using a commercially reasonable level of care consistent with industry standards. But there are certain things that we do not promise about the Service. OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OF SERVICE, NEITHER GRADIENT NOR ITS AGENTS OR SERVICE PROVIDERS (THE “SERVICES ENTITIES”) MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICE. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SITES, THE SPECIFIC FUNCTION OF THE SITES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICE “AS IS”. SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.

Liability for our Services
EXCEPT WHERE PROHIBITED, GRADIENT SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF SERVICE OR ANY THIRD PARTY’S USE OF THE SERVICE. THESE EXCLUSIONS INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, COMPUTER FAILURE, OR THE VIOLATION OF YOUR RIGHTS BY ANY THIRD PARTY, EVEN IF THE SERVICES ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. IN NO EVENT WILL OUR LIABILITY FOR DIRECT DAMAGES EXCEED $100.00.

Additional Details
We may modify these Terms at any time so be sure to check back regularly. By continuing to use or log in to the Service after these Terms have changed, you indicate your agreement to the revised Terms. If you do not agree to the changes, you should stop using or logging in to the Service.

Privacy and Data Security Policy.
Gradient has developed this Privacy and Data Security Policy to detail its practices, protocols, and expectations with regard to data associated with User Accounts, Employer Data, and Employee Data.

1. Types of Data. In the course of providing the Service, the Service may collect the following data:
   1. Personally identifiable information (PII) which can be used alone or with other information to personally identify You, employees, or other individuals, including Employee Data
   2. Information that is not personally identifiable information, such as ZIP Code and other account information.
   3. Technical information such as software information and metadata, collected through the use of “cookies.” A cookie is a string of data that identifies the User’s computer, and cookies provide data regarding the User’s usage of the Services. The service uses such information to facilitate provision of the Services and to compile statistical information about use of our Service.
2. Usage. Gradient will use Employee Data, Employer Data, and Your User Account data in the course of providing the core function of the Service, which is to receive, compile, and transmit Employee Data for the purpose of acquiring health insurance quotes for group health insurance and other insurance-related services through the Service.
3. Retention, Transmission & Deletion. Your data will always be stored in a highly secure environment and transmitted using industry standard encryption. Gradient retains User Account data and Employee Data in the normal course of operations. Gradient the Service will Erase (as defined below) a User’s Account Information upon written request by the User, and will Erase any Employee Data upon written request from the Employee. Gradient reserves the right to delete User Account Information after a period of 6 months of User Account inactivity or sooner if instructed by [the Employee].
4. Updates & Amendments. Gradient may change this Privacy and Data Security Policy at any time by posting a new version on this page or on a successor page. The new version will become effective on the date it is posted, which will be listed at the top of the page as the new Effective Date.