Terms of Service

These Terms of Service ("Terms") govern your access to and use of Piper, a software-as-a-service platform operated by Bigweld Industries, LLC, a Florida limited liability company ("Bigweld," "we," "us," or "our").

Piper is sold by Bigweld to Field Marketing Organizations ("FMOs"), each of which is the contracting customer for its agents. Insurance agents who are employed by or otherwise affiliated with an FMO and authorized by that FMO to use Piper (each, an "agent" or "you") are the end users of the platform. These Terms apply to you in your capacity as an end user.

1. Acceptance and Scope

By signing in to Piper, you agree to these Terms. If you do not agree, do not use Piper.

The relationship between Bigweld and your FMO is governed by a separate master services agreement (the "Master Agreement"). These Terms govern your individual use of Piper as an agent and supplement, but do not replace, the Master Agreement. In the event of any conflict between these Terms and the Master Agreement, the Master Agreement controls.

We may update these Terms from time to time as described in Section 12. Your continued use of Piper after notice of changes constitutes your acceptance of the updated Terms.

2. Eligibility

To use Piper, you must:

• be at least eighteen (18) years of age;
• be an active agent of an FMO that has a current Piper agreement with Bigweld; and
• be authorized by that FMO to access and use Piper.

Bigweld may verify your eligibility at any time and may suspend or terminate your access if you cease to satisfy these requirements.

3. Accounts and Credentials

Authentication for Piper is managed through AWS Cognito, which Bigweld operates as part of the platform. You do not select your own username; your Cognito identity is provisioned, modified, and deprovisioned by your FMO.

You are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account. You must promptly notify Bigweld of any suspected unauthorized access to or use of your account.

Because your FMO controls provisioning and deprovisioning, you should contact your FMO for credential issues such as initial access, password resets, role changes, and offboarding.

4. Acceptable Use

You agree not to, and not to permit any third party to:

• scrape, crawl, harvest, or otherwise extract data from Piper by automated means;
• reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, structure, or underlying ideas of Piper, except to the extent applicable law expressly prohibits this restriction;
• access Piper through any automated means beyond the published API surface;
• interfere with, disrupt, or impose an unreasonable load on Piper or harm other users of the platform;
• use Piper in any manner that violates the Health Insurance Portability and Accountability Act of 1996, as amended ("HIPAA"), or any applicable health-information privacy or security law;
• use Piper in any manner that violates applicable insurance laws or regulations, carrier appointment requirements, or Centers for Medicare & Medicaid Services marketing rules;
• use Piper in any manner that infringes the intellectual property, privacy, publicity, or other rights of any third party; or
• use Piper to send unsolicited communications, including marketing or telemarketing communications, that are prohibited by applicable law.

Bigweld may suspend or restrict your access to Piper without prior notice when Bigweld determines, in its reasonable discretion, that doing so is necessary to address a security, privacy, legal, or compliance risk. Where practicable, Bigweld will provide notice and an opportunity to cure after the fact.

5. License Grant and Content

Subject to these Terms and your continued authorization by your FMO, Bigweld grants you a limited, non-exclusive, non- transferable, non-sublicensable, revocable license to access and use Piper for its intended purpose during the term of your authorization.

You retain ownership of any content you submit, upload, or otherwise make available through Piper ("Agent Content"). You grant Bigweld a worldwide, royalty-free license to host, store, process, transmit, display, and create derivative works of Agent Content solely as necessary to operate and maintain Piper, to provide the platform to your FMO under the Master Agreement, to comply with applicable law, and to enforce these Terms.

You represent and warrant that you have all rights necessary to submit Agent Content to Piper and to grant the license described above, and that your submission and use of Agent Content does not violate applicable law or any obligation owed to a third party.

6. Calendar and Scheduling Integrations

Piper offers optional integrations with third-party calendar and scheduling services to help you manage appointments and events. Your use of these integrations is subject to the Piper Privacy Policy, which describes each integration in detail, and to your separate agreement with the relevant third-party provider.

Google Calendar. When connected, Piper uses the https://www.googleapis.com/auth/calendar.events OAuth scope to create and manage Piper-generated events on your Google calendar. You may disconnect at any time from the Integrations panel in Piper or from your Google account at myaccount.google.com.

Apple Calendar. Piper supports Apple Calendar through two methods: (a) a personal calendar subscription URL (iCalendar/ICS feed) that you add to Apple Calendar, which delivers Piper events as a read-only calendar; and (b) on-device sync through the Piper mobile application, which writes Piper events to your device calendar using permissions granted in iOS. You may revoke the ICS subscription at any time by unsubscribing within Apple Calendar, and you may revoke device-local sync at any time from your iOS device's privacy settings.

Calendly. When connected, Piper uses Calendly's API to coordinate scheduling between Piper and your Calendly account, including reading availability and recording bookings. You may disconnect at any time from the Integrations panel in Piper or from your Calendly account settings.

Disconnecting an integration revokes Piper's future access to that third-party service but does not remove events or other information that Piper previously synced or shared with the third-party service. Where you wish to remove that information, you must do so within the third-party service.

7. Intellectual Property

Piper, including all software, source code, designs, user interfaces, content, documentation, trademarks, service marks, trade dress, and goodwill associated with the platform, is owned by Bigweld or its licensors and is protected by United States and international intellectual property laws. Bigweld reserves all rights not expressly granted in these Terms. No rights are granted to you by implication, estoppel, or otherwise.

"Piper," "Sprocket," "Bigweld," "Bigweld Industries," and the Bigweld Industries logo are trademarks of Bigweld Industries, LLC. All other trademarks referenced in Piper are the property of their respective owners.

As between you and Bigweld, you own Agent Content, subject to the license you grant in Section 5. Bigweld may generate, use, and disclose de-identified and aggregated usage data derived from your use of Piper for any lawful purpose, including to operate, secure, analyze, and improve the platform, provided that such data does not include personally identifying information or protected health information.

8. Termination

Your FMO may terminate, suspend, or otherwise modify your access to Piper at any time in accordance with the Master Agreement.

Bigweld may terminate or suspend your access to Piper, in whole or in part, with or without prior notice, if Bigweld reasonably believes that you have breached these Terms, that fraudulent activity has occurred or is imminent, that a security incident has occurred or is imminent, or that continued access presents a legal or compliance risk.

You may stop using Piper at any time. Stopping use does not, by itself, terminate the Master Agreement or your FMO's obligations to Bigweld.

Upon termination of your access for any reason: your AWS Cognito credentials will be revoked; any active OAuth tokens or subscription URLs issued for Piper's calendar and scheduling integrations will be revoked or invalidated server-side; and Bigweld's access to and handling of Agent Content will be governed by the data-retention and return provisions of the Master Agreement.

If you have questions about access to or deletion of Agent Content after termination, contact your FMO, which administers data requests under the Master Agreement.

Sections 7 (Intellectual Property), 9 (Disclaimers), 10 (Limitation of Liability), 11 (Indemnification), 13 (Governing Law), and 14 (Dispute Resolution), together with any other provision that by its nature should survive, will survive termination of these Terms.

9. Disclaimers

PIPER IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BIGWELD AND ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, SECURITY, TIMELINESS, AND ANY WARRANTY THAT PIPER WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

Bigweld does not warrant the accuracy or completeness of any FMO-provided data displayed in Piper, including agent appointment data, hierarchy data, production data, and consumer data sourced from your FMO or its data providers. You are responsible for confirming the accuracy of such data before relying on it for licensing, appointment, sales, or compliance decisions.

Some jurisdictions do not allow the exclusion of certain warranties or limitations on implied warranties. In those jurisdictions, the disclaimers in this Section 9 apply to the maximum extent permitted by applicable law.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BIGWELD OR ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOST REVENUE, LOST DATA, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF PIPER, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BIGWELD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

BIGWELD'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF PIPER WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100). THIS LIMIT REFLECTS THE FACT THAT PIPER IS LICENSED TO YOUR FMO ON A PLATFORM BASIS AND IS MADE AVAILABLE TO YOU AT NO DIRECT CHARGE.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In those jurisdictions, the limitations in this Section 10 apply to the maximum extent permitted by applicable law.

The parties agree that the disclaimers in Section 9 and the limitations in this Section 10 are essential elements of the bargain between them and will apply even if a remedy fails of its essential purpose.

11. Indemnification

You will defend, indemnify, and hold harmless Bigweld and its affiliates, and their respective directors, officers, employees, and agents, from and against any third-party claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to: (a) your breach of these Terms; (b) your misuse of Piper; (c) your violation of applicable law, including HIPAA and applicable insurance and Medicare marketing regulations; or (d) Agent Content that infringes or misappropriates the intellectual property, privacy, or publicity rights of any third party.

Bigweld will defend you against any third-party claim alleging that Piper, as provided by Bigweld and used by you in accordance with these Terms, infringes a valid United States patent, copyright, or trademark, and Bigweld will pay damages and costs finally awarded against you on that claim or agreed in settlement by Bigweld. Bigweld's obligations under this paragraph do not apply to the extent a claim arises out of or relates to: (i) Agent Content or other material not provided by Bigweld; (ii) modifications to Piper not made by Bigweld; (iii) combinations of Piper with products, services, or materials not provided by Bigweld, where the claim would not have arisen but for the combination; or (iv) use of Piper outside the scope of these Terms or in violation of the Master Agreement.

The indemnifying party's obligations are conditioned on the indemnified party (1) promptly notifying the indemnifying party of the claim in writing, (2) giving the indemnifying party sole control of the defense and settlement (provided that no settlement that imposes liability or admits fault on the indemnified party may be entered without the indemnified party's prior written consent, not to be unreasonably withheld), and (3) reasonably cooperating in the defense at the indemnifying party's expense.

12. Modifications to These Terms

Bigweld may modify these Terms from time to time. For material changes, Bigweld will provide notice through an in-app message in Piper or by email to the address associated with your account at least thirty (30) days before the changes take effect. Your continued use of Piper after the effective date of a change constitutes your acceptance of the modified Terms. If you do not agree to a change, you must stop using Piper before the change takes effect.

Non-material changes — such as clarifications, typo fixes, and structural updates that do not affect rights or obligations — will take effect immediately upon posting to this page, and the "Last updated" date at the top of this page will be revised accordingly.

13. Governing Law

These Terms are governed by, and will be construed in accordance with, the laws of the State of Florida, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

14. Dispute Resolution

Any dispute, claim, or controversy arising out of or relating to these Terms or your use of Piper, including the formation, interpretation, breach, or termination of these Terms, will be resolved by final and binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules then in effect. The arbitration will be conducted in Orlando, Florida, before a single arbitrator. The arbitration may be conducted remotely or by video conference at the election of either party, and the arbitrator may direct that hearings take place by telephone or video conference where appropriate. The arbitrator's decision will be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction for actual or threatened infringement, misappropriation, or other violation of intellectual property rights or for unauthorized access to, use of, or disclosure of confidential information.

Disputes will be resolved on an individual basis. Class arbitrations, class actions, and consolidated or representative proceedings are not permitted. If this class-action waiver is held unenforceable as to any claim, that claim will be severed and resolved in a court of competent jurisdiction; the remaining claims will continue in arbitration.

15. General

Entire agreement. These Terms, together with the Piper Privacy Policy and the Master Agreement between Bigweld and your FMO, constitute the entire agreement between you and Bigweld regarding your use of Piper and supersede any prior or contemporaneous agreements, communications, or understandings on that subject.

Severability. If any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permitted, and the remaining provisions will remain in full force and effect.

No waiver. Bigweld's failure to enforce any provision of these Terms will not be deemed a waiver of that provision or of any other provision, and a waiver on one occasion will not be a waiver of any right on any other occasion.

Assignment. You may not assign or transfer these Terms or any of your rights or obligations under them, by operation of law or otherwise, without Bigweld's prior written consent. Bigweld may assign these Terms, in whole or in part, to an affiliate or in connection with a merger, acquisition, reorganization, or sale of assets. Any assignment in violation of this paragraph is void.

Notices. Bigweld may give notices to you by in-app message in Piper, by email to the address associated with your account, or by posting on bigweld.industries. Notices to Bigweld must be sent to support@bigweld.industries.

Relationship of the parties. Nothing in these Terms creates a partnership, joint venture, agency, franchise, or employment relationship between you and Bigweld.

16. Contact

Questions about these Terms should be directed to: