The legal stuff. We keep it clear.
Last updated: February 1, 2026
These Terms of Service ("Terms") constitute a legally binding agreement between you (whether an individual or an entity, referred to as "Client," "you," or "your") and OPM Benefits, Inc. ("OPM Benefits," "we," "us," or "our"), governing your access to and use of the OPM Benefits platform, website, and related services (collectively, the "Services"). Please read these Terms carefully before accessing or using our Services.
By accessing or using the OPM Benefits platform, executing a service agreement that references these Terms, or clicking "I agree" or "Accept" when presented with these Terms, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.
If you are accessing the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms. If you do not agree to these Terms, you may not access or use the Services.
We may modify these Terms from time to time. We will provide at least thirty (30) days' written notice of any material changes via email to your designated account administrator. Your continued use of the Services after the effective date of any modification constitutes your acceptance of the modified Terms.
OPM Benefits provides a comprehensive, cloud-based benefits administration platform designed to streamline the entire benefits lifecycle for employers and their employees. Our Services include, but are not limited to:
The specific features and service levels available to you will be defined in your individual service agreement or order form executed between you and OPM Benefits.
To access the Services, you must register for an account and provide accurate, current, and complete information as prompted by our registration process. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
You agree to:
OPM Benefits reserves the right to suspend or terminate accounts that we reasonably believe have been compromised, are being used fraudulently, or are in violation of these Terms.
You may use the Services solely for the lawful administration of employee benefit programs within your organization or, if you are a broker or consultant, on behalf of your clients with proper authorization. You agree not to:
As a client of OPM Benefits, you bear certain responsibilities that are essential to the successful delivery of our Services:
You are responsible for ensuring that all employee data, plan information, and enrollment data submitted to the platform is accurate, complete, and current. OPM Benefits is not liable for errors in benefits administration that result from inaccurate or incomplete data provided by you. You agree to maintain reasonable processes for verifying data accuracy before submission.
Certain platform actions, including plan changes, carrier feed configurations, and enrollment window dates, require your review and approval. You agree to respond to approval requests within the timeframes specified by OPM Benefits or as agreed in your service agreement. Delays in approval may result in delayed processing or missed carrier deadlines for which OPM Benefits shall not be held responsible.
You are responsible for designating authorized users, managing their access levels appropriately, and ensuring that all authorized users comply with these Terms. You agree to maintain a reasonable number of administrator-level users and to review access privileges at least annually.
You are responsible for ensuring that your benefit plans comply with all applicable federal, state, and local laws, including but not limited to ERISA, ACA, HIPAA, COBRA, and applicable state continuation and insurance laws. While OPM Benefits provides compliance tools and guidance, we do not provide legal advice, and the ultimate responsibility for plan compliance rests with you.
Your data remains your data. You retain all right, title, and interest in and to all data submitted to or generated through the Services by you or on your behalf ("Client Data"), including all employee personal information, enrollment data, plan configurations, and reports derived from your data.
You grant OPM Benefits a non-exclusive, worldwide, royalty-free license to use, process, store, transmit, and display Client Data solely to the extent necessary to provide the Services, maintain and improve the platform, and fulfill our obligations under your service agreement.
OPM Benefits may use de-identified and aggregated data derived from Client Data for purposes of benchmarking, product improvement, and industry research, provided that such data cannot reasonably be used to identify you, your organization, or any individual. We will never use identifiable Client Data for marketing purposes or share it with third parties except as necessary to provide the Services or as described in our Privacy Policy.
The Services, including all software, algorithms, user interfaces, designs, documentation, training materials, and all intellectual property rights therein, are and remain the exclusive property of OPM Benefits and its licensors. These Terms do not convey to you any ownership interest in or to the Services, but only a limited, revocable right to use the Services in accordance with these Terms.
You retain all intellectual property rights in content that you create, upload, or provide through the Services, including custom plan documents, branding assets, and communications materials. You grant OPM Benefits a license to use such content solely to provide the Services.
If you provide us with suggestions, ideas, or feedback regarding the Services ("Feedback"), you grant OPM Benefits an unrestricted, irrevocable, perpetual, royalty-free license to use, modify, and incorporate such Feedback into the Services without any obligation to you.
OPM Benefits is committed to delivering reliable, high-performance Services. We maintain the following service level commitments:
We target 99.99% platform availability, measured on a monthly basis, excluding scheduled maintenance windows. "Availability" means the platform is accessible and materially functional for authenticated users. If we fail to meet this target in any given month, affected clients may be eligible for service credits as defined in their individual service agreements.
Routine maintenance is performed during low-usage windows, typically Saturday nights between 11:00 PM and 3:00 AM Central Time. We will provide at least seventy-two (72) hours' advance notice for scheduled maintenance that may impact availability. Emergency maintenance to address critical security vulnerabilities or system stability issues may be performed with shorter notice.
We provide tiered support based on issue severity:
Business hours are Monday through Friday, 7:00 AM to 7:00 PM Central Time, excluding federal holidays.
Our standard pricing is based on a Per-Employee-Per-Month (PEPM) model, with rates determined by the scope of services, number of eligible employees, and the specific features included in your service agreement. Custom pricing may be available for large organizations or unique configurations. All pricing details will be specified in your individual order form or service agreement.
Unless otherwise agreed, invoices are issued monthly in arrears based on the number of eligible employees during the billing period. Invoices are delivered electronically and are due within thirty (30) days of the invoice date.
Overdue payments accrue interest at the lesser of 1.5% per month or the maximum rate permitted by applicable law. If payment is more than sixty (60) days past due, OPM Benefits reserves the right to suspend access to the Services upon fifteen (15) days' written notice, provided that such suspension shall not affect the processing of any in-flight employee enrollment transactions or carrier data transmissions critical to maintaining employee coverage.
OPM Benefits may adjust fees upon renewal of your service agreement. We will provide at least ninety (90) days' written notice of any fee increases, and increases shall not exceed the greater of 5% or the change in the Consumer Price Index (CPI) for the preceding twelve-month period, unless the scope of services has materially changed.
Both parties acknowledge that, in the course of the service relationship, each party may receive or have access to confidential and proprietary information of the other party ("Confidential Information"). Confidential Information includes, without limitation, business plans, technical data, product roadmaps, customer lists, financial information, pricing, and any information marked as "confidential" or that a reasonable person would understand to be confidential.
Each party agrees to:
Confidential Information does not include information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was already known to the receiving party without restriction prior to disclosure; (c) is independently developed by the receiving party without reference to the Confidential Information; or (d) is rightfully received from a third party without restriction on disclosure.
A party may disclose Confidential Information to the extent required by law, regulation, or court order, provided that the disclosing party provides prompt written notice (to the extent legally permitted) so that the other party may seek a protective order or other appropriate remedy.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, including but not limited to damages for loss of profits, goodwill, data, or other intangible losses, arising out of or related to these Terms or the use of or inability to use the Services, regardless of the theory of liability (contract, tort, strict liability, or otherwise) and even if the party has been advised of the possibility of such damages.
OPM Benefits' total aggregate liability under these Terms shall not exceed the greater of (a) the total fees paid by you to OPM Benefits during the twelve (12) months immediately preceding the event giving rise to the claim, or (b) one hundred thousand dollars ($100,000).
The foregoing limitations shall not apply to: (a) either party's indemnification obligations; (b) either party's breach of confidentiality obligations; (c) OPM Benefits' obligations with respect to data security breaches involving Client Data; or (d) damages arising from a party's gross negligence or willful misconduct.
OPM Benefits shall indemnify, defend, and hold harmless the Client and its officers, directors, employees, and agents from and against any third-party claims, damages, losses, and expenses (including reasonable attorney's fees) arising from: (a) OPM Benefits' breach of its data security or confidentiality obligations; (b) OPM Benefits' violation of applicable law in the performance of the Services; or (c) any claim that the Services infringe upon the intellectual property rights of a third party.
The Client shall indemnify, defend, and hold harmless OPM Benefits and its officers, directors, employees, and agents from and against any third-party claims, damages, losses, and expenses (including reasonable attorney's fees) arising from: (a) Client's breach of these Terms; (b) Client Data or content provided by Client that infringes upon the rights of a third party; (c) Client's violation of applicable law; or (d) Client's use of the Services in a manner not authorized by these Terms.
The initial term of your service agreement will be specified in your order form, but is typically one (1) year from the effective date. Unless either party provides written notice of non-renewal at least ninety (90) days prior to the end of the then-current term, the agreement will automatically renew for successive one-year terms.
Either party may terminate the service agreement if the other party materially breaches these Terms and fails to cure such breach within thirty (30) days after receiving written notice specifying the breach. OPM Benefits may also terminate immediately if Client engages in any activity that threatens the security, integrity, or availability of the Services for other clients.
Either party may terminate the service agreement for convenience by providing ninety (90) days' written notice to the other party. Early termination fees may apply as specified in your service agreement.
Upon termination or expiration of the service agreement:
Upon request and for a reasonable fee, OPM Benefits will provide transition assistance services for up to ninety (90) days following termination to facilitate migration to a successor platform, including data export support, carrier feed transition, and knowledge transfer.
These Terms shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict of law provisions. Any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the state or federal courts located in Cook County, Illinois, and each party irrevocably consents to the jurisdiction of such courts.
Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or Confidential Information.
If any provision of these Terms is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.
For questions about these Terms of Service or your service agreement, please contact us:
OPM Benefits, Inc.
Attn: Legal Department
200 West Madison Street, Suite 2100
Chicago, IL 60606
Email: legal@opm-benefits.com
Phone: (312) 555-0180
For privacy-related inquiries, please see our Privacy Policy or contact privacy@opm-benefits.com.