These Terms of Service ("Terms") govern access to and use of the website at joincreditable.com and the Creditable platform (together, the "Services"), provided by Creditable, LLC, a Missouri limited liability company ("Creditable," "we," "our," or "us").
By creating an account, accessing the Services, or signing an order form that references these Terms, you agree to them. If you are agreeing on behalf of an organization, you represent that you are authorized to bind that organization, and "you" and "Customer" refer to that organization.
1. About Creditable
Creditable, LLC is a Missouri limited liability company that provides software tools designed to assist organizations with plan level creditable coverage testing and related compliance analysis.
2. Scope and Order of Precedence
These Terms apply to visitors to our website, prospective customers, and registered Users of the platform.
If you sign an order form or a separate service agreement with us, that document also governs your use of the Services. Where it conflicts with these Terms, the signed document controls for the subject it covers.
3. Definitions
Customer Content. Plan documents, plan design inputs, testing parameters, and any other material you submit to the Services, together with the determinations, records, and notices the Services generate from them.
Determination. The output of a creditable coverage test for a single plan design and a single plan year, including the actuarial value calculated and the result reached.
Plan. A single prescription drug plan design tested for a single plan year.
Plan Year. The twelve month period used by the plan being tested.
Users. Individuals you authorize to access the Services under your account.
4. The Services
Creditable provides software that reads prescription drug plan design information, calculates actuarial value, compares that value against the CMS defined standard benefit for the applicable plan year, produces a Determination, and generates related records and notices.
We may modify, improve, or discontinue features of the Services. If we discontinue a material feature you are actively using, we will give reasonable advance notice.
5. No Professional Advice, and Your Responsibility for Compliance
This section is important and you should read it carefully.
The Services are software tools. Creditable is not a law firm, an actuarial firm, an accounting firm, or a benefits consultant. We do not provide legal advice, actuarial certification, ERISA guidance, tax or accounting advice, or fiduciary services. Nothing produced by the Services, and nothing on our website, is professional advice or a substitute for it.
Responsibility for creditable coverage compliance rests with the plan sponsor under 42 CFR 423.56 and related law. Using the Services does not transfer that responsibility to Creditable, and does not make Creditable the plan sponsor, plan administrator, or a fiduciary of any plan.
A Determination reflects the information submitted to the Services. If the plan design information submitted is incomplete, inaccurate, or out of date, the Determination will be as well. You are responsible for reviewing plan design inputs before a Determination is run, reviewing the Determination and any generated notice before relying on or distributing it, and delivering required notices and disclosures within applicable deadlines.
We do not guarantee that a Determination, record, or notice will be accepted by CMS, by any regulator, or by any other party, or that it will be sufficient in any audit, examination, dispute, or proceeding.
You should have qualified professionals review determinations and notices where your circumstances warrant it.
6. Eligibility, Accounts, and Users
You must be at least 18 years old and have legal authority to agree to these Terms, on your own behalf or on behalf of the organization you represent.
You must provide accurate registration information and keep it current. You are responsible for all activity under your account, for maintaining the confidentiality of credentials, and for your Users' compliance with these Terms. Notify us promptly at info@joincreditable.com if you suspect unauthorized access.
You may not share a single User login among multiple individuals.
7. Fees and Payment
Fees are $250 per Plan, per Plan Year, for up to 99 Plans. Volume above 99 Plans is priced separately by written agreement.
Re-running a Plan within the same Plan Year is included at no additional charge. A test of a different plan design, or of the same plan design for a different Plan Year, is a separate Plan and is charged separately.
Fees are stated in U.S. dollars, are due as set out at purchase or in your order form, and are exclusive of taxes. You are responsible for any sales, use, or similar taxes, other than taxes on our income.
Fees are non-refundable except where required by law or expressly stated in an order form. We may change pricing on notice, and changes do not affect Plans already purchased.
Late amounts may accrue interest at the lower of 1.5% per month or the maximum permitted by law, and we may suspend the Services for non-payment after giving notice and a reasonable opportunity to cure.
8. Customer Content
Ownership. You retain all right, title, and interest in Customer Content. We claim no ownership of it.
License. You grant us a limited, non-exclusive license to host, store, process, transmit, and display Customer Content solely to provide and support the Services, and to create aggregated and de-identified data as described below.
Your warranties. You represent that you have all rights and consents necessary to submit Customer Content, that it is accurate to the best of your knowledge, and that submitting it does not violate any law or third party right.
Aggregated data. We may create and use aggregated and de-identified data derived from use of the Services to operate, improve, and analyze the Services. Aggregated data contains nothing that identifies you, your clients, or any individual, and we will not disclose it in a form that does.
9. Protected Health Information
Creditable does not collect, store, or process Protected Health Information as defined under HIPAA. Creditable coverage testing operates on plan design information rather than information about identified individuals.
You agree not to upload Protected Health Information or individual medical information to the Services.
10. Acceptable Use
You will not: use the Services in violation of law; reverse engineer, decompile, or attempt to derive source code; resell, sublicense, or provide the Services to third parties except under a written partnership agreement with us; use the Services to build a competing product; probe, scan, or test the vulnerability of the Services without written permission; interfere with the integrity or performance of the Services; upload malicious code; or use automated means to access the Services in a way that imposes an unreasonable load.
We may suspend access to address a material breach of this Section, a security risk, or a legal requirement. Where practical we will give notice first.
11. Intellectual Property
The Services, including all software, methodology, calculations, interfaces, documentation, and content other than Customer Content, are owned by Creditable and protected by intellectual property law. Subject to these Terms and payment of fees, we grant you a non-exclusive, non-transferable right to access and use the Services during your term for your internal business purposes and, where you are a broker, third party administrator, or similar organization, for services you provide to your own clients.
We may use your feedback about the Services without restriction or obligation.
12. Confidentiality
Each party may receive non-public information of the other. The receiving party will protect it with at least reasonable care, use it only for purposes of these Terms, and disclose it only to personnel and advisors who need it and are bound by similar obligations. This does not apply to information that is public through no fault of the receiving party, already known without a duty of confidence, independently developed, or lawfully received from a third party. Disclosure required by law is permitted, with notice to the other party where legally allowed.
Customer Content is your confidential information. The Services and our pricing are our confidential information.
13. Third Party Services
The Services rely on third party providers for hosting, infrastructure, email delivery, analytics, and payment processing. We are not responsible for the acts or omissions of third party providers, and their availability may affect the Services.
14. Term, Termination, and Data Export
These Terms apply for as long as you use the Services or have an account.
You may close your account at any time. We may terminate or suspend for material breach that is not cured within 30 days of notice, for non-payment, or where required by law.
On termination, your right to access the Services ends. You may export Customer Content at any time during the term, and for 60 days after account closure, after which we delete it in accordance with our Privacy Policy. Because a Determination may need to be produced years after a Plan Year closes, we recommend exporting your records before closing an account.
The sections on professional advice, customer content, intellectual property, confidentiality, warranties, limitation of liability, indemnification, and governing law survive termination.
15. Warranties and Disclaimers
We warrant that we will provide the Services with reasonable skill and care.
Except as expressly stated in these Terms, the Services are provided "as is" and "as available." To the fullest extent permitted by law, we disclaim all other warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
We do not warrant that the Services will be uninterrupted or error free, that any Determination or generated document will be accurate where inputs are inaccurate or incomplete, or that use of the Services will result in compliance with any law or regulation.
16. Limitation of Liability
To the fullest extent permitted by law, neither party is liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost data, or business interruption, whether or not the possibility of such damages was known.
To the fullest extent permitted by law, our total aggregate liability arising out of or relating to these Terms or the Services will not exceed the greater of the fees you paid to us in the twelve months preceding the event giving rise to the claim, or one hundred U.S. dollars.
These limits do not apply to your payment obligations, to either party's breach of the confidentiality section, or to liability that cannot be limited by law.
You acknowledge that the fees reflect this allocation of risk and that we would not provide the Services on these terms without it.
17. Indemnification
You will defend and indemnify Creditable against third party claims arising from your Customer Content, your use of the Services in violation of these Terms or law, or your failure to meet a compliance obligation that remains yours under the professional advice section, and will pay damages and costs finally awarded or agreed in settlement.
We will defend and indemnify you against third party claims that the Services, used as permitted, infringe a U.S. patent, copyright, or trademark, and will pay damages and costs finally awarded or agreed in settlement. This does not apply to claims arising from Customer Content, from use in combination with anything we did not supply, or from modifications we did not make.
The indemnified party must give prompt notice, allow the indemnifying party to control the defense, and provide reasonable cooperation.
18. Changes to These Terms
We may update these Terms. We will post the revised version with a new "Last updated" date, and for material changes we will notify account contacts by email or through the platform at least 30 days before they take effect. Continued use after that date constitutes acceptance. If you do not agree, you may close your account before the change takes effect.
19. Governing Law and Disputes
These Terms are governed by the laws of the State of Missouri, without regard to conflict of law rules. The parties submit to the exclusive jurisdiction of the state and federal courts located in Jackson County, Missouri, and waive any objection to venue there.
Before filing, the parties will attempt in good faith to resolve any dispute by discussion for 30 days after written notice.
Each party waives any right to a trial by jury.
20. General
Assignment. You may not assign these Terms without our written consent, except to a successor in a merger or sale of substantially all assets. We may assign to an affiliate or a successor.
Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control.
Notices. We may give notice by email to your account contact or through the platform. Notices to us go to info@joincreditable.com.
Severability. If a provision is unenforceable, the rest remains in effect.
No waiver. Failure to enforce a provision is not a waiver of it.
Independent contractors. Nothing here creates a partnership, joint venture, agency, or employment relationship.
Entire agreement. These Terms, the Privacy Policy, and any order form make up the entire agreement and supersede prior discussions. Terms in a purchase order or vendor form do not apply unless we sign them.
21. Contact
Creditable, LLC
122 W 68th Street
Kansas City, MO 64113
Email: info@joincreditable.com
Creditable, LLC, 122 W 68th Street, Kansas City, MO 64113. Questions about this document go to info@joincreditable.com.