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SmartSheeting AI
Terms of Service
PLEASE READ THESE TERMS CAREFULLY BEFORE COMPLETING YOUR REGISTRATION. By clicking “Start SmartSheeting AI” or otherwise creating an account, you (“Subscriber”) agree to be bound by these SmartSheeting AI Terms of Service (“Agreement”) on behalf of yourself and the organization you represent. If you do not agree, do not register or use the Service.
This Agreement is a standalone, self-contained legal agreement between Plansight, Inc. (“Plansight”) and Subscriber for access to and use of the SmartSheeting AI Service. It is separate from, and does not require, a separately executed Plansight Customer Agreement. The person completing registration represents that they have authority to bind Subscriber’s organization to this Agreement.
1. Definitions
As used in this Agreement:
- “Service” means the SmartSheeting AI software-as-a-service platform, including all related software, APIs, AI extraction engines, processing infrastructure, documentation, and updates provided by Plansight under this Agreement.
- “Subscriber” means the organization or individual who completes registration and accepts this Agreement.
- “User” means any individual employee, contractor, or agent of Subscriber authorized to access the Service under Subscriber’s account.
- “Carrier Documents” means insurance carrier proposals, rate summaries, benefit summaries, certificates of coverage, and other third-party documents uploaded by Subscriber or its Users to the Service for processing.
- “Extracted Data” means structured benefit and plan data generated by the Service through AI processing of Carrier Documents.
- “Customer Data” means all Carrier Documents, Extracted Data, templates, configurations, and other data input or generated by Subscriber or its Users through the Service. Customer Data excludes Usage Data and Aggregated Data.
- “Personal Data” means any information within Customer Data that identifies or is reasonably linkable to a specific individual, including but not limited to names, dates of birth, addresses, email addresses, government-issued identification numbers, health information, or financial account data.
- “PHI” means Protected Health Information as defined under HIPAA.
- “Usage Data” means anonymized metadata, usage patterns, performance metrics, and statistical information generated by the Service relating to Subscriber’s use.
- “Aggregated Data” means data derived from Customer Data that has been anonymized and aggregated such that it is not identifiable as to Subscriber or any individual.
- “Fees” means all amounts payable by Subscriber for use of the Service as described in Section 5.
- “Effective Date” means the date on which Subscriber completes account registration and accepts this Agreement.
2. Grant of Access
2.1 License
Subject to Subscriber’s compliance with this Agreement and timely payment of all Fees, Plansight grants Subscriber a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Service during the Term solely for Subscriber’s internal business purposes in connection with insurance brokerage and benefits advisory services.
2.2 User Access
Subscriber may authorize its Users to access the Service. Subscriber is responsible for all acts and omissions of its Users as if they were Subscriber’s own. Users must comply with this Agreement. Subscriber shall not permit any competitor of Plansight to access the Service.
2.3 Updates
Plansight may update, modify, enhance, or discontinue features of the Service at any time in its reasonable discretion. Plansight will use commercially reasonable efforts to notify Subscriber of material changes that adversely affect Subscriber’s use.
2.4 Restrictions
Subscriber shall not, and shall ensure its Users do not:
- Reverse engineer, decompile, disassemble, or attempt to derive the source code, algorithms, or AI model weights underlying the Service;
- Use the Service to build a competitive product or service, or copy its features, functions, or outputs for competitive purposes;
- Resell, sublicense, or otherwise make the Service available to third parties outside of Subscriber’s organization without Plansight’s prior written consent;
- Upload Malicious Code or content that violates any applicable law, regulation, or third-party rights;
- Remove or obscure any proprietary rights notices within the Service;
- Attempt to circumvent any access controls, security features, or usage limitations of the Service;
- Use automated bots, scrapers, or similar tools to access the Service outside of Plansight’s supported integrations.
3. Self-Signup, Account, and Acceptance
3.1 Registration and Binding Acceptance
This Agreement becomes effective and legally binding upon Subscriber at the moment Subscriber clicks the “Start SmartSheeting AI” button (or equivalent registration completion action) during the online signup flow. No separately executed contract is required. Subscriber’s click-through acceptance constitutes Subscriber’s electronic signature for all purposes, including under the Electronic Signatures in Global and National Commerce Act (E-Sign Act) and the Utah Uniform Electronic Transactions Act.
3.2 Authority
The individual completing registration represents and warrants that: (a) they are at least 18 years of age; (b) they have full legal authority to bind Subscriber’s organization to this Agreement; and (c) all information provided during registration is accurate and complete.
3.3 Account Security
Subscriber is responsible for maintaining the security and confidentiality of its account credentials. Subscriber shall promptly notify Plansight at support@plansight.com of any unauthorized access to or use of its account. A single username and password may not be shared among multiple Users.
3.4 Account Accuracy
Subscriber must keep all account and billing information current and accurate. Plansight may suspend or terminate the Service if account information is found to be false or materially inaccurate.
4. Service Features and Scope
4.1 Core Functionality
SmartSheeting AI provides AI-powered extraction, structuring, and normalization of benefit plan data from Carrier Documents. Key features include:
- Automated ingestion and parsing of carrier proposals, rate summaries, certificates of coverage, and related insurance documents;
- AI-driven extraction of benefit plan data elements and mapping to normalized data fields;
- Delivery of structured Extracted Data in Subscriber-configured templates for side-by-side carrier comparison;
- Template management tools allowing Subscriber to define output formats for their specific workflows.
4.2 Service Limitations and Disclaimers
Subscriber acknowledges that:
- The Service uses artificial intelligence and machine learning, and extraction accuracy may vary based on document format, quality, and complexity. Extracted Data should be reviewed by qualified personnel before use in client-facing deliverables.
- The Service does not constitute legal, tax, compliance, or insurance advice. Plansight is not responsible for Subscriber’s use of Extracted Data in client presentations or proposals.
- The Service is not designed or warranted to meet regulatory requirements specific to Subscriber’s jurisdiction, and Subscriber is solely responsible for ensuring its own regulatory compliance.
4.3 Geographic Scope
The Service is intended for use within the United States. Subscriber shall not input Personal Data of non-U.S. residents unless Plansight has expressly agreed in writing to support such use.
4.4 Free Trial
Plansight may offer a free trial period as specified during the registration flow. During any free trial, the Service is provided “AS IS” without warranties or indemnities. Plansight may purge Customer Data entered during a free trial if Subscriber does not convert to a paid subscription upon trial expiration. Free trials may not be transferred or shared.
5. Fees, Payment, and Billing
5.1 Pricing
Subscriber’s use of the Service is billed based on usage at the rate of $2.00 USD per benefit product extracted (“Per-Extraction Fee”). Additional pricing tiers, volume discounts, or subscription alternatives may be offered at Plansight’s discretion and will be presented in the Service interface or in a separate written agreement.
5.2 Billing and Payment
Subscriber must provide a valid payment method (credit card, debit card, or ACH) at registration. Fees are billed following each extraction event or on a periodic basis as specified in the Service interface. Subscriber authorizes Plansight to charge all applicable Fees and taxes to Subscriber’s designated payment method.
5.3 Taxes
Fees are exclusive of applicable sales, use, excise, or similar taxes. Subscriber is responsible for all such taxes, except for taxes on Plansight’s net income. If Subscriber is tax-exempt, Subscriber must provide a valid exemption certificate prior to invoicing.
5.4 Late Payments
Overdue amounts accrue interest at 1.5% per month (or the maximum rate permitted by law, whichever is less). Plansight may suspend Service access for accounts with Fees more than 30 days past due, subject to 15 days’ prior notice and an opportunity to cure.
5.5 Fee Changes
Plansight may update the Per-Extraction Fee or introduce new fee structures upon at least 30 days’ prior written notice to Subscriber. Continued use of the Service after the effective date of the updated pricing constitutes acceptance of the new Fees.
5.6 Non-Refundable
All Fees paid are non-refundable except as expressly provided in this Agreement or required by applicable law.
6. Intellectual Property and Ownership
6.1 Plansight Ownership
Plansight owns and retains all right, title, and interest in and to the Service, including all software, AI models, algorithms, extraction logic, templates provided by Plansight, documentation, branding, and all intellectual property rights therein. This Agreement does not transfer any ownership rights in the Service to Subscriber.
6.2 Subscriber Ownership
As between the parties, Subscriber owns all right, title, and interest in and to: (a) the original Carrier Documents uploaded to the Service; and (b) the Extracted Data and output reports generated from Subscriber’s Carrier Documents. Plansight may access and process Customer Data as necessary to provide the Service.
6.3 Usage Data and Aggregated Data
Plansight may collect Usage Data and create Aggregated Data. Plansight owns all Usage Data and Aggregated Data and may use, distribute, and commercialize such data for any lawful purpose, provided that Usage Data and Aggregated Data shall not be identifiable as to Subscriber or any individual person.
6.4 Feedback
If Subscriber or any User provides feedback, suggestions, or enhancement requests regarding the Service, Plansight may use such feedback without restriction or compensation to Subscriber. Plansight shall own all intellectual property rights in improvements or modifications developed using such feedback.
7. Data Security and Privacy
7.1 Plansight Security Obligations
Plansight shall maintain commercially reasonable administrative, physical, and technical safeguards designed to protect the security, confidentiality, and integrity of Customer Data. Plansight will comply with its data security obligations as further described in Exhibit A (Data Security Addendum) to this Agreement.
7.2 Subscriber Security Obligations
Subscriber shall maintain commercially reasonable security practices for its use of the Service, including secure management of User credentials, firewall configurations that permit appropriate data flow to the Service, and prompt notification to Plansight at support@plansight.com upon discovery of any unauthorized access to Subscriber’s account.
7.3 Privacy Policy
Plansight’s collection and use of Personal Data is governed by Plansight’s Privacy Policy, available at https://app.plansight.com/privacy, which is incorporated into this Agreement by reference.
7.4 Subscriber Data Responsibility
Subscriber is solely responsible for: (a) the accuracy, completeness, and lawfulness of all Customer Data; (b) obtaining all necessary consents and authorizations before uploading Personal Data or PHI to the Service; and (c) ensuring that Plansight’s processing of Customer Data as contemplated by this Agreement does not violate any applicable law or Subscriber’s agreements with third parties.
7.5 HIPAA and Protected Health Information
If Subscriber is a covered entity or business associate under HIPAA and uploads PHI to the Service, the Business Associate Agreement set forth in Exhibit B to this Agreement is automatically incorporated and governs Plansight’s handling of such PHI. Subscriber represents that it will not upload PHI to the Service unless it is operating in a HIPAA-compliant manner and has authority to provide such PHI to Plansight.
7.6 AI Processing of Carrier Documents
Subscriber acknowledges that the Service processes Carrier Documents using artificial intelligence and machine learning models. Subscriber consents to this processing as necessary to deliver the Service. Plansight will not use identifiable Customer Data to train its AI models without Subscriber’s prior written consent. Plansight may use anonymized and aggregated extraction patterns to improve Service accuracy and performance.
8. Confidentiality
Each party (“Receiving Party”) agrees to hold the other party’s (“Disclosing Party’s”) Confidential Information in strict confidence using at least the same degree of care it uses for its own confidential information, but no less than reasonable care. “Confidential Information” means any non-public business, technical, or financial information disclosed by one party to the other that is designated as confidential or that reasonably should be understood to be confidential under the circumstances. The Service, its pricing, Plansight’s AI models, and Customer Data are each party’s Confidential Information. These obligations do not apply to information that: (a) becomes publicly available without breach by the Receiving Party; (b) was already known to the Receiving Party; (c) is independently developed without use of Confidential Information; or (d) is required to be disclosed by law, provided the Receiving Party gives reasonable prior notice. Confidentiality obligations survive termination.
9. Warranties and Disclaimers
9.1 Plansight Warranties
Plansight warrants that: (a) it has full authority to enter into this Agreement; and (b) during the Term, the Service, when used in accordance with its documentation and this Agreement, will perform in all material respects as described in the documentation. Subscriber’s sole remedy for a breach of this warranty is set forth in Section 9.3.
9.2 Subscriber Warranties
Subscriber warrants that: (a) it has full authority to enter into this Agreement and bind its organization; (b) all Customer Data uploaded to the Service will not violate any applicable law, regulation, or third-party right; (c) Subscriber has all necessary rights and consents to upload Customer Data, including any Personal Data or PHI; and (d) Subscriber’s use of the Service will comply with all applicable laws and regulations.
9.3 Warranty Remedy
In the event of a breach of Plansight’s warranty in Section 9.1, Subscriber must contact Plansight support within 30 days of discovery. Plansight will use commercially reasonable efforts to remedy the deficiency. If Plansight is unable to do so within a reasonable period, either party may terminate the Agreement on 15 days’ written notice, and Plansight will refund any prepaid Fees for the period after termination.
9.4 Disclaimer
EXCEPT AS EXPRESSLY SET FORTH IN SECTION 9.1, THE SERVICE IS PROVIDED “AS IS.” PLANSIGHT AND ITS LICENSORS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. PLANSIGHT DOES NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE, UNINTERRUPTED, OR THAT EXTRACTED DATA WILL BE 100% ACCURATE OR COMPLETE. SUBSCRIBER IS RESPONSIBLE FOR REVIEWING AND VALIDATING ALL EXTRACTED DATA BEFORE USE.
10. Indemnification
10.1 By Plansight
Plansight shall defend, indemnify, and hold Subscriber harmless from third-party claims alleging that the Service, as delivered by Plansight, infringes a U.S. registered patent, copyright, or trademark, or misappropriates a trade secret, provided Subscriber: (a) promptly notifies Plansight in writing of the claim; (b) gives Plansight sole control of the defense and settlement; and (c) provides reasonable cooperation. This obligation does not apply if the claim arises from Subscriber’s modification of the Service, combination with third-party software not provided by Plansight, or use in violation of this Agreement.
10.2 By Subscriber
Subscriber shall defend, indemnify, and hold Plansight harmless from third-party claims arising out of: (a) Subscriber’s or its Users’ use of the Service in violation of this Agreement or applicable law; (b) any Customer Data, including claims of privacy violation, IP infringement, or data breach attributable to Subscriber’s acts or omissions; (c) Subscriber’s provision of services to its own clients using Extracted Data; or (d) Subscriber’s breach of any representation or warranty in this Agreement.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
(a) IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(b) PLANSIGHT’S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF: (i) THE TOTAL FEES PAID BY SUBSCRIBER TO PLANSIGHT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (ii) $500 USD.
(c) THESE LIMITATIONS REFLECT A REASONABLE ALLOCATION OF RISK AND FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. THEY APPLY NOTWITHSTANDING THE FAILURE OF ANY LIMITED REMEDY OF ITS ESSENTIAL PURPOSE.
12. Term and Termination
12.1 Term
This Agreement commences on the Effective Date and continues until terminated as provided herein (“Term”). Unless otherwise specified, the Service is provided on a month-to-month basis and will auto-renew each month at the then-current pricing.
12.2 Termination by Subscriber
Subscriber may cancel its account and terminate this Agreement at any time by providing written notice to support@plansight.com or using the account cancellation feature within the Service. Cancellation takes effect at the end of the then-current billing period.
12.3 Termination by Plansight
Plansight may terminate this Agreement: (a) for cause, upon 30 days’ written notice if Subscriber materially breaches this Agreement and fails to cure within the notice period; or (b) immediately and without notice if Subscriber: (i) violates Section 2.4 (Restrictions); (ii) uploads content in material violation of applicable law; or (iii) engages in fraudulent conduct.
12.4 Effect of Termination
Upon termination: (a) all access rights granted herein immediately terminate; (b) Subscriber must cease all use of the Service; (c) Subscriber is responsible for exporting Customer Data prior to termination; (d) Plansight will delete Customer Data within 90 days of termination (except as required for legal compliance or backup retention); and (e) Subscriber remains liable for all Fees accrued through the termination date. Sections 1, 6, 7, 8, 9.4, 10, 11, 12.4, 13, and 14 survive termination.
12.5 Suspension
Plansight may suspend Service access immediately and without prior notice if Subscriber’s continued use creates a substantial risk to the security or integrity of the Service or other customers’ data. Plansight will notify Subscriber promptly following any such suspension.
13. General Provisions
13.1 Governing Law and Venue
This Agreement is governed by the laws of the State of Utah, excluding conflict-of-law principles. Any dispute arising from this Agreement shall be resolved exclusively in the state or federal courts located in Salt Lake County, Utah, and the parties consent to the personal jurisdiction of such courts.
13.2 Entire Agreement
This Agreement, including Exhibit A (Data Security Addendum) and Exhibit B (Business Associate Agreement), constitutes the entire agreement between the parties regarding the Service and supersedes all prior or contemporaneous agreements, representations, or understandings. In the event of a conflict between this Agreement and Exhibit B (BAA), the BAA governs with respect to PHI.
13.3 Amendments
Plansight may update this Agreement by posting the revised version to the Service or its website and providing at least 30 days’ prior notice to Subscriber by email or in-app notification. Continued use of the Service after the effective date of any update constitutes acceptance of the revised Agreement. If Subscriber objects, Subscriber must notify Plansight in writing within 30 days and may terminate the Agreement without penalty.
13.4 Assignment
Subscriber may not assign or transfer this Agreement or any rights hereunder without Plansight’s prior written consent. Plansight may assign this Agreement in connection with a merger, acquisition, or sale of substantially all of its assets.
13.5 Severability
If any provision of this Agreement is found invalid or unenforceable, it shall be modified to the minimum extent necessary or severed, and the remaining provisions shall continue in full force.
13.6 Waiver
No failure to enforce any provision shall constitute a waiver of future enforcement rights. Waivers must be in writing to be effective.
13.7 Electronic Notices
Plansight may deliver notices to Subscriber’s registered email address or via in-app notification. Subscriber consents to receiving all legal and operational notices electronically.
13.8 Independent Contractors
The parties are independent contractors. Nothing in this Agreement creates an agency, partnership, joint venture, or employment relationship.
13.9 Force Majeure
Neither party is liable for delays or failures in performance caused by circumstances beyond its reasonable control, including acts of nature, war, government actions, or internet outages, provided the affected party provides prompt notice and resumes performance as soon as practicable.
13.10 Publicity
Plansight may identify Subscriber as a customer in customer lists and marketing materials unless Subscriber opts out in writing. Neither party may issue press releases regarding this Agreement without the other party’s prior written consent.
13.11 Attorneys’ Fees
In any action to enforce this Agreement, the prevailing party is entitled to recover its reasonable attorneys’ fees and costs.
14. Acceptance
BY CLICKING “START SMARTSHEETING AI” OR SIMILAR ACCEPTANCE MECHANISM DURING ONLINE REGISTRATION, SUBSCRIBER ACKNOWLEDGES THAT THEY HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT, INCLUDING ALL EXHIBITS, ON BEHALF OF THEMSELVES AND THEIR ORGANIZATION. THIS CLICK-THROUGH ACCEPTANCE CONSTITUTES A LEGALLY BINDING ELECTRONIC SIGNATURE.