Terms of Service
Last Updated: April 14, 2026 | Effective Date: April 14, 2026
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY CREATING AN ACCOUNT OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS, INCLUDING THE BUSINESS ASSOCIATE AGREEMENT PROVISIONS IN SECTION 8.
1. Agreement to Terms
These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and BenTrustCo LLC (“BenTrustCo,” “we,” “us,” or “our”), governing your access to and use of the BenTrustCo platform, website located at bentrustco.com, and all related services (collectively, the “Services”).
If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and “you” will refer to both you individually and the organization.
2. Description of Services
BenTrustCo is a HIPAA-compliant digital concierge service that assists beneficiaries and authorized representatives in managing post-loss administrative tasks, including:
- Life insurance claim filing and coordination with insurance carriers
- Funeral home payment coordination and documentation submission
- Bank account closure coordination (Gold plan)
- Utility and subscription cancellation coordination (Gold plan)
- Secure document storage and management
- Communication facilitation between parties
- Status tracking and progress updates
BenTrustCo acts as an authorized representative on behalf of beneficiaries and does not provide legal, financial, tax, or estate planning advice. Nothing in our Services constitutes legal advice, and you should consult a qualified attorney for legal matters.
3. Service Plans
3.1 Silver Plan
The Silver Plan includes life insurance claim filing, funeral home payment coordination, document collection and submission, standard response times of five (5) to seven (7) business days, claim status tracking, and secure document storage.
3.2 Gold Plan
The Gold Plan includes all Silver Plan features plus bank account closure coordination, utility and subscription payment cancellations, priority response times of twenty-four (24) to forty-eight (48) hours, a dedicated case manager, and white-glove concierge service.
3.3 Fees
Service fees are charged as a one-time fee at account activation. All fees are non-refundable after services have commenced. BenTrustCo reserves the right to modify pricing with thirty (30) days prior written notice.
4. Account Registration and Security
To access the Services, you must create an account and provide accurate, complete, and current information. You are responsible for:
- Maintaining the confidentiality of your account credentials
- All activities that occur under your account
- Notifying us immediately of any unauthorized use
- Ensuring that account information remains accurate and up to date
BenTrustCo will never ask for your password via email or phone. If you suspect unauthorized access, contact us immediately at security@bentrustco.com.
5. Authorization and Power to Act
By completing the Authorization Agreement within the platform, you grant BenTrustCo a limited, revocable authorization to act on your behalf for the specific purposes described therein, including:
- Contacting insurance carriers to file and follow up on claims
- Communicating with funeral homes regarding payment and documentation
- Contacting financial institutions to initiate account closure procedures (Gold plan)
- Contacting utility providers and subscription services (Gold plan)
This authorization is limited to the specific actions necessary to fulfill the Services and does not constitute a general power of attorney. You may revoke this authorization at any time by contacting us in writing, subject to services already rendered.
6. User Responsibilities
You agree to:
- Provide accurate and truthful information about the deceased and relevant accounts
- Ensure you have the legal authority to authorize BenTrustCo to act on your behalf
- Upload only documents you have the right to share
- Not use the Services for any fraudulent, illegal, or unauthorized purpose
- Comply with all applicable laws, including those governing the handling of protected health information (PHI)
- Promptly respond to requests for additional documentation or information
7. Data Security and Privacy
BenTrustCo implements industry-standard security measures to protect your information, including:
- AES-256 encryption for data at rest
- TLS 1.3 encryption for data in transit
- Role-based access controls
- Regular security audits and penetration testing
- Industry-standard security controls and infrastructure
Our data practices are further described in our Privacy Policy, which is incorporated into these Terms by reference.
8. HIPAA Business Associate Agreement
THIS SECTION 8 CONSTITUTES THE BUSINESS ASSOCIATE AGREEMENT (“BAA”) BETWEEN YOU (AS COVERED ENTITY OR INDIVIDUAL) AND BENTRUSTCO (AS BUSINESS ASSOCIATE) PURSUANT TO THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (“HIPAA”), THE HEALTH INFORMATION TECHNOLOGY FOR ECONOMIC AND CLINICAL HEALTH ACT (“HITECH”), AND IMPLEMENTING REGULATIONS AT 45 C.F.R. PARTS 160 AND 164.
8.1 Definitions
Terms used in this BAA shall have the same meaning as those terms in HIPAA Rules. “Protected Health Information” or “PHI” means any information that relates to the past, present, or future physical or mental health of an individual that is created, received, maintained, or transmitted by BenTrustCo on behalf of the user. For purposes of this BAA, PHI may include information about the deceased person referenced in claims submitted through the platform.
8.2 Permitted Uses and Disclosures
BenTrustCo may use or disclose PHI:
- As necessary to perform the Services described in these Terms
- As required by law
- For the proper management and administration of BenTrustCo
- To report violations of law to appropriate authorities
- As otherwise permitted under HIPAA Rules
BenTrustCo will not use or disclose PHI other than as permitted or required by this BAA or as required by law. BenTrustCo will use appropriate safeguards and comply with Subpart C of 45 C.F.R. Part 164 (Security Rule) to prevent unauthorized use or disclosure of PHI.
8.3 Safeguards
BenTrustCo agrees to:
- Implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of electronic PHI
- Ensure that any subcontractors or agents that create, receive, maintain, or transmit PHI on behalf of BenTrustCo agree to equivalent safeguards
- Report to you any security incident or breach of PHI without unreasonable delay and no later than sixty (60) calendar days after discovery
- Mitigate, to the extent practicable, any harmful effects from a breach of PHI
8.4 Individual Rights
BenTrustCo agrees to make PHI available to you as required to allow you to comply with an individual's rights under HIPAA, including the right of access, amendment, and accounting of disclosures. BenTrustCo will maintain a record of disclosures of PHI as required under 45 C.F.R. § 164.528.
8.5 Subcontractors
BenTrustCo requires all subcontractors and agents that have access to PHI to execute written agreements obligating them to the same restrictions and conditions that apply to BenTrustCo under this BAA. A complete list of subprocessors is available at bentrustco.com/subprocessors.
8.6 Term and Termination
This BAA is effective upon your acceptance of these Terms and continues until the Services are terminated. Upon termination, BenTrustCo will return or destroy all PHI within sixty (60) days, unless retention is required by law. If return or destruction is not feasible, BenTrustCo will continue to protect such PHI in accordance with the HIPAA requirements and limit further use or disclosure.
8.7 HITECH Compliance
BenTrustCo acknowledges its obligations under the HITECH Act and agrees to comply with all applicable HITECH provisions, including those related to security breach notification, expanded individual rights, and restrictions on certain disclosures. BenTrustCo agrees to comply with HITECH Act Section 13405(b) relating to the minimum necessary standard for uses and disclosures of PHI.
9. Intellectual Property
The Services, including all content, features, and functionality, are owned by BenTrustCo and protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to access and use the Services for your personal, non-commercial purposes. You may not reproduce, distribute, modify, or create derivative works without our prior written consent.
10. Disclaimers and Limitation of Liability
10.1 Disclaimer of Warranties
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. BENTRUSTCO DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT CLAIMS WILL BE APPROVED BY THIRD-PARTY INSURERS OR INSTITUTIONS.
10.2 Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, BENTRUSTCO SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY. BENTRUSTCO'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE FEES PAID BY YOU IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
11. Indemnification
You agree to indemnify, defend, and hold harmless BenTrustCo and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses arising from: (a) your violation of these Terms; (b) your use of the Services in an unauthorized or improper manner; (c) your violation of any applicable law or third-party rights; or (d) any inaccurate information you provide through the Services.
12. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms shall be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules. The arbitration shall be conducted in English in Wilmington, Delaware. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction.
13. Modifications to Terms
BenTrustCo reserves the right to modify these Terms at any time. Material changes will be communicated via email or prominent notice on the platform at least thirty (30) days before taking effect. Your continued use of the Services after the effective date constitutes acceptance of the modified Terms. If you do not agree to modified Terms, you must stop using the Services.
14. Contact Information
For questions about these Terms, contact us at:
BenTrustCo, LLC
Legal Department
legal@bentrustco.com
For HIPAA-related inquiries or to file a privacy complaint, contact our Privacy Officer at: privacy@bentrustco.com
You may also file a complaint with the U.S. Department of Health and Human Services, Office for Civil Rights at www.hhs.gov/ocr.