Terms of Use

Introduction

Welcome, and thank you for your interest in Sidebar Benefit Advisors. Sidebar Benefit Advisors is a technology platform operated by Ithaca Health LLC(“Sidebar,” “we,” “us,” or “our”), a Texas limited liability company that also does business as Sidebar Health. These Terms of Use apply to our websites at sidebarbenefits.com, sidebar.health, sidebarhealth.com, ithaca.health, and medicareable.com, and to any related websites, applications, licensed insurance agent and representative services, and communication channels (including online chat, SMS, and telephone), and other services we provide (collectively, the “Service”). These Terms of Use are a legally binding contract between you and Ithaca Health LLC regarding your use of the Service.

Please read these Terms carefully. By creating an account, submitting your information to us, requesting a call, starting a chat, or otherwise using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and the Sidebar Privacy Policy (together, the “Terms”). If you do not agree to these Terms, do not use the Service.

These Terms provide that most disputes between you and Sidebar will be resolved by binding arbitration on an individual basis, and that you waive the right to a jury trial and to participate in a class action. Please review the Dispute Resolution and Arbitration section for the details, including how to opt out within 30 days.

You also agree that we may (1) contact you by email, call, and text regarding the Service, and (2) monitor and record calls for quality assurance and other business purposes. See “Electronic Communications, Texts, and Calls” below.

Service Overview

Sidebar is a technology platform that connects consumers with licensed, independent insurance agents and with retail and pharmacy partners, and provides tools for plan comparison, prescription drug coverage lookups (PlanMatch), Scope of Appointment (SOA) workflows, agent scheduling, and enrollment support across Medicare, ACA / Marketplace, dental, vision, hearing, and hospital indemnity coverage. Ithaca Health LLC is a licensed insurance agency; the licensed agents who use the platform are independent producers responsible for their own recommendations and enrollments.

Do not cancel any existing insurance until you receive written confirmation from the insurance company to which you are applying that your new policy is in effect.

Eligibility

You must be at least 18 years of age to use the Service. By agreeing to these Terms, you represent and warrant that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and use of the Service comply with all applicable laws and regulations. If you use the Service on behalf of an agency, retailer, employer, or other organization, you represent that you are authorized to bind that organization to these Terms.

Accounts and Registration

You can browse much of the Service without an account, but certain features require you to register. When you register, you may be asked to provide information such as your name, email address, and other contact details. You agree that the information you provide is accurate and that you will keep it current. You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account, and you agree to notify us immediately at hello@sidebarhealth.com if you believe your account is no longer secure.

Electronic Communications, Texts, and Calls

Consent to contact. By providing a telephone number or other contact information when using the Service, you agree that we, the licensed agents you are matched with, and our authorized service providers may contact you by email, phone call, and text message (including by autodialer or prerecorded or artificial voice) at the email address and telephone number you provide, even if that number is on a state or national Do Not Call list. These communications may be for service, informational, and marketing purposes, such as discussing your insurance options, assisting with an application, confirming a Scope of Appointment, or providing reminders. Consent to marketing calls or texts is not a condition of any purchase or enrollment. Standard message and data rates may apply, and message frequency varies.

Call recording.As required by Centers for Medicare & Medicaid Services (CMS) third-party marketing organization (TPMO) rules and for quality assurance and compliance, calls made or received through the Service may be monitored and recorded.

Opting out. To stop marketing emails, use the unsubscribe link in the email. To stop texts, reply STOP to any message; reply HELP for help. To stop marketing calls, ask to be placed on our internal Do Not Call list during a call, or email legal@sidebarhealth.com with the phone number to remove. After opting out of marketing, you may still receive non-marketing communications related to your account, application, or enrollment, and you may continue to receive messages while we process your request.

Telecommunications carriers are not liable for delayed or undelivered messages.

Not Government Affiliated

Sidebar Benefit Advisors is not connected with or endorsed by the United States government or the federal Medicare program. Ithaca Health LLC is a licensed insurance agency and a third-party marketing organization (TPMO). We do not offer every plan available in your area. We currently represent multiple organizations that offer Medicare Advantage, Prescription Drug, and Medicare Supplement insurance plans. For a complete listing of plans available in your area, contact 1-800-MEDICARE (TTY 1-877-486-2048), 24 hours a day, 7 days a week, or visit www.medicare.gov.

No Medical or Financial Advice

The information provided through the Service, including any AI-assisted tools or benefit advisor, is for general informational purposes only and is not a substitute for professional medical, legal, tax, or financial advice, nor a recommendation to enroll in any specific plan. Always consult a licensed insurance agent and your healthcare provider before making enrollment or treatment decisions. Never disregard professional medical advice because of something you read on the Service. If you think you may have a medical emergency, call your doctor or 911 immediately.

Agent and Agency Obligations

Licensed agents, agencies, and retail partners who use the Service agree to:

• Maintain valid state insurance licenses and carrier appointments.
• Comply with all CMS Medicare Communications and Marketing Guidelines (MCMG) and applicable law.
• Obtain a valid Scope of Appointment (SOA) before discussing specific Medicare plans.
• Record sales, marketing, and enrollment calls as required by CMS TPMO rules.
• Not use misleading, deceptive, high-pressure, or non-compliant marketing.
• Protect consumer information and adhere to Sidebar’s quality and compliance standards.

Payment

Consumers do not pay Sidebar or the agents to use the enrollment assistance Service; licensed agents are compensated by the insurance carriers whose plans they represent. If you apply for or purchase a product through the Service, you pay the company that provides that product. Any fees for platform, retail, or partner services are governed by the separate agreement between Sidebar and that business.

User Content

Certain features may let you submit content to the Service (“User Content”), such as messages, documents, or photos. You retain the rights you hold in your User Content. By submitting User Content, you grant Sidebar a worldwide, non-exclusive, royalty-free, fully paid license (with the right to sublicense to our service providers) to host, store, reproduce, modify for formatting, transmit, and display your User Content as needed to operate and provide the Service.

You are solely responsible for your User Content and represent that you have the rights to submit it and that it does not violate any third-party right or any law. We may, but are not obligated to, review, screen, remove, or block User Content that we believe violates these Terms or is otherwise objectionable.

Prohibited Conduct

By using the Service you agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable law or regulation.
• Violate or infringe any right of a third party, including any intellectual property or privacy right.
• Post or transmit content that is unlawful, defamatory, harassing, deceptive, or otherwise objectionable.
• Impersonate any person or entity, or misrepresent your affiliation, age, or identity.
• Interfere with or circumvent security features, or attempt to reverse engineer any part of the Service.
• Introduce viruses or malicious code, or disrupt the Service or any network or server.
• Use robots, scrapers, or other automated means to access or collect data from the Service without authorization.
• Attempt to access another user’s account or collect personal information about others without consent.

Intellectual Property

The Service and all of its content, features, and functionality, including the visual interfaces, graphics, design, data, software, and the Sidebar and Ithaca Health names and logos (the “Materials”), are owned by Ithaca Health LLC or its licensors and are protected by intellectual property and other laws. Except as expressly authorized, you may not copy, reproduce, distribute, modify, or create derivative works from the Materials. We reserve all rights not expressly granted in these Terms.

Third-Party Services and Links

The Service may integrate with or link to third-party services and websites (such as insurance carriers, pharmacy data sources, payment processors, mapping, and analytics providers). Those services are not under our control, and we are not responsible for their content, practices, or use of any information you share with them. Your use of a third-party service is governed by that party’s own terms and privacy policy.

Privacy Policy and Additional Terms

Please read the Sidebar Privacy Policy, which describes how we collect, use, and protect your information, including any protected health information handled through features such as PlanMatch. The Privacy Policy is incorporated into these Terms by reference. Your use of certain features may also be subject to additional posted terms, rules, or guidelines, which are likewise incorporated into these Terms.

Termination

You may stop using the Service at any time, and may close any account by contacting hello@sidebarhealth.com. If you violate these Terms, your permission to use the Service terminates automatically. We may also suspend or terminate your access, or modify or discontinue the Service (in whole or in part), at any time, with or without notice. We will have no liability to you for any such suspension, termination, or change.

Disclaimers; No Warranties

The Service and all materials and content available through it are provided “as is” and “as available,” without warranty of any kind, express or implied. To the fullest extent permitted by law, Ithaca Health LLC and its affiliates disclaim all warranties, including any implied warranty of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Service will be uninterrupted, secure, or error-free, or that plan information will be complete or accurate at all times. Plan details are sourced from CMS data and carrier information and may change. You use the Service at your own risk.

Limitation of Liability

To the fullest extent permitted by law, in no event will Ithaca Health LLC or its affiliates be liable to you for any indirect, incidental, special, consequential, or punitive damages (including loss of profits, goodwill, or data) arising out of or relating to your use of, or inability to use, the Service, whether based on warranty, contract, tort, statute, or any other legal theory, even if advised of the possibility of such damages.

To the fullest extent permitted by law, the aggregate liability of Ithaca Health LLC and its affiliates for all claims arising out of or relating to the Service or these Terms is limited to one hundred U.S. dollars ($100).

Indemnification

To the fullest extent permitted by law, you will defend, indemnify, and hold harmless Ithaca Health LLC and its officers, directors, employees, agents, and affiliates from and against any claim, liability, damage, loss, and expense (including reasonable attorneys’ fees) arising out of or connected with: (a) your use of the Service; (b) your violation of these Terms or any applicable law; (c) your violation of any third-party right; or (d) any dispute between you and a third party.

Dispute Resolution and Arbitration

Please read this section carefully. It affects your legal rights. Except for the matters described below, you and Sidebar agree that any dispute arising out of or relating to these Terms or your use of the Service will be resolved by binding arbitration on an individual basis, administered by the American Arbitration Association (AAA) under its applicable rules, and governed by the Federal Arbitration Act. The arbitrator, not a judge or jury, will decide the dispute. You and Sidebar each waive the right to a jury trial and the right to participate in a class action.

Exceptions. Either party may (a) bring an individual claim in small claims court, (b) pursue an enforcement action through an applicable government agency, (c) seek injunctive relief in court, or (d) bring suit in court for intellectual property infringement.

Notice and opt-out.Before starting an arbitration, a party must send the other a written notice describing the dispute and the relief sought (to Sidebar at the address in “Contact Us” below). You may opt out of this arbitration agreement by sending us written notice within 30 days of first accepting these Terms, stating your name and your intent to opt out, to legal@sidebarhealth.com or the mailing address below. If you opt out, the “Governing Law” section’s courts will resolve disputes.

Governing Law

These Terms are governed by the laws of the State of Texas, without regard to conflict-of-law principles. To the extent a dispute is permitted to be brought in court under these Terms, you and Sidebar consent to the exclusive jurisdiction and venue of the state and federal courts located in Denton County, Texas. We operate the Service from Texas and make no representation that the Service or its Materials are appropriate or available for use in other locations.

Changes to These Terms

We may change these Terms from time to time. If a change materially affects your rights or obligations, we may ask you to indicate your acceptance; otherwise, your continued use of the Service after the Terms are updated constitutes acceptance of the revised Terms. We will post the updated Terms on this page with a new “Last updated” date.

General

These Terms, together with the Privacy Policy and any incorporated additional terms, are the entire agreement between you and Ithaca Health LLC regarding the Service. If any provision is held unenforceable, the remaining provisions remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them. Section headings are for convenience only.

Contact Us

The Service is offered by Ithaca Health LLC, doing business as Sidebar Benefit Advisors. You can reach us at hello@sidebarhealth.com for general questions, or by mail at:

Ithaca Health LLC
Attn: Sidebar Benefit Advisors
5900 Balcones Drive, STE 100
Austin, TX 78731

Legal notices, arbitration opt-out notices, and Do Not Call requests should be sent to legal@sidebarhealth.com or the mailing address above.