These Terms and Conditions (“Terms”) govern access to and use of the MyAppointmentSet.com platform, also doing business as MyMedicareAppointment.com (collectively, the “Platform”), owned and operated by My Appointment Set, LLC (the “Company,” “we,” “us,” or “our”).
By registering for an account, purchasing appointments, or otherwise using the Platform, you (“Agent,” “Agency,” or “User”, or “you”) agree to be bound by these Terms.
1. Eligibility and Intended Users
The Platform is intended exclusively for licensed Medicare insurance agents and agencies authorized to market Medicare Advantage, Medicare Supplement, and/or Prescription Drug Plans (collectively, “Medicare-Related Products”) in the United States.
By using the Platform, you represent and warrant that:
- You hold all required state insurance licenses
- You are CMS-certified where required and maintain all certifications, appointments, and carrier authorizations to market applicable Medicare-Related Products
- You are permitted by law and FMOs to market Medicare-Related Products
- You will comply with all applicable CMS, TCPA, HIPAA, and state regulations
Agent acknowledges and agrees that Agent is solely responsible for independently verifying its legal ability to contact, market to, and communicate with each consumer prior to any outreach.
2. Nature of the Service
MyAppointmentSet.com is a Software-as-a-Service (SaaS) appointment-setting and lead distribution platform that facilitates the scheduling of consumer-requested Medicare-related appointments between consumers and licensed agents.We do not sell insurance. Company does not act as an insurance producer, broker, insurer, FMO, or enrollment entity nor does Company provide legal advice.
Appointments may be generated via:
- Inbound consumer inquiries
- Digital marketing campaigns
- Referral and outreach methods subject to applicable CMS requirements
3. Appointment Purchase and Delivery
3.1 Appointment Definition
An “Appointment” is a scheduled meeting or call requested by a consumer indicating interest in receiving information or scheduling a consultation regarding Medicare-Related Products.
3.2 No Guarantee of Outcomes
The Company does not guarantee:
- Sales, enrollments, or commissions
- Consumer eligibility for Medicare products
- Consumer availability at the scheduled time
3.3 Lead Exclusivity
Unless explicitly stated in writing, appointments are not exclusive.
4. Agent Responsibilities
By using the Platform, you agree to:
- Conduct all consumer interactions in a CMS-compliant manner
- Obtain and document valid Scope of Appointment (SOA) when required
- Follow TCPA consent limitations as provided with each appointment
- Honor all Do Not Call (DNC) and opt-out requests
- Maintain accurate account, license, and contact information
You are solely responsible for all sales activities, compliance obligations, and carrier relationships. You are solely responsible for compliance with all applicable federal, state, and carrier requirements, including but not limited to CMS regulations, TCPA, Do Not Call laws, HIPAA, and state insurance regulations. You are solely responsible for determining whether and when any consumer may be contacted, including by phone, text message, email, prerecorded message, or other communication method.
5. Compliance and Regulatory Obligations
Agents acknowledge that Medicare marketing is highly regulated. Agents further acknowledge the Company:
- Does not supervise agent sales conduct
- Does not assume liability for CMS violations by agents
- Does not verify agent compliance
Any fines, sanctions, carrier terminations, or CMS enforcement actions resulting from an Agent’s conduct are the sole responsibility of the Agent.
6. Refunds, Credits, and Appointment Disputes
6.1 All Sales Final
Except as expressly provided herein or in a written refund policy issued by Company, all Appointment purchases are final and non-refundable.
6.2 Dispute Submission Deadline
Agent must submit any Appointment dispute through the Platform or in writing within 48 hours following the scheduled Appointment time. Failure to submit a timely dispute constitutes acceptance of the Appointment.
6.3 Eligible Credit Disputes
Subject to Company review, an Appointment may be eligible for account credit only if Agent demonstrates one or more of the following:
- Invalid or disconnected contact information
- Duplicate Appointment previously purchased by Agent
- Consumer affirmatively states they did not request contact or Appointment
6.4 Non-Creditable Events
Appointments shall not be eligible for refund or credit solely because:
- Consumer fails to answer or attend
- No sale, enrollment, or commission occurs
- Consumer is ineligible or declines to enroll
- Consumer selects another plan or agent
- Agent fails to timely contact consumer or complete required compliance steps
6.5 Sole Remedy; Company’s Sole Discretion
Approved disputes may result in account credit only. No cash refunds shall be required unless mandated by law. Company shall review disputes in good faith and determine eligibility for credits consistent with this Section. Company’s determination shall be final absent manifest error.
7. Payments; Billing; Chargebacks
7.1 Fees
Agent agrees to pay all fees, charges, and applicable taxes (if any), associated with use of the Platform and purchase of Appointments.
Company may modify pricing at any time upon notice through the Platform or by email.
7.2 Payment Authorization
By providing payment information, Agent authorizes Company to charge all applicable fees to Agent’s designated payment method.
7.3 Failed Payments
Company may suspend access to the Platform or withhold Appointment delivery for failed, declined, or reversed payments.
7.4 Chargebacks
Initiation of a chargeback or payment dispute does not relieve Agent of payment obligations.
Company reserves the right to suspend or terminate any account that initiates improper or abusive chargebacks.
Agent agrees to reimburse Company for all fees, costs, and expenses incurred in responding to or contesting chargebacks, including reasonable attorneys’ fees.
8. Prohibited Use
Agents may not:
- Misrepresent themselves or the Company
- Misuse consumer data
- Resell, transfer, or broker appointments without Company’s written permission
- Engage in deceptive, coercive, or misleading sales practices
- Use the Platform for non-Medicare or unauthorized products
9. Data Privacy and Consumer Information
Agent access to consumer data is strictly limited to the purpose of fulfilling a scheduled appointment.
You agree to:
- Safeguard all consumer information
- Comply with HIPAA where applicable
- Not store or reuse consumer data beyond permitted use
Unauthorized use of data may result in immediate account termination.
10. Account Suspension and Termination
The Company reserves the right to suspend or terminate access immediately for:
- Violation of these Terms
- Suspected CMS non-compliance
- Consumer complaints
- Chargebacks or payment failures
- Behavior that risks Platform integrity
Termination does not relieve Agent of payment obligations.
11. Intellectual Property
All Platform content, trademarks, processes, and technology are the exclusive property of the Company.
Agents are granted a limited, non-exclusive, non-transferable, revocable license to use the Platform solely for its intended purpose.
12. Disclaimers
THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.” THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Company does not guarantee the accuracy, completeness, authenticity, continued validity, or exclusivity of consumer-submitted information. Company makes no representation or warranty regarding the legality, sufficiency, or adequacy of any consumer consent unless expressly stated in writing. Company makes no representation or warranty regarding the suitability of any Appointment for Agent’s intended use.
13. Limitation of Liability; Time Limitations
To the maximum extent permitted by law, the Company shall not be liable for:
- Lost commissions or profits
- Carrier chargebacks
- CMS penalties
- Agent business decisions
- Indirect or consequential damages
- Punitive or exemplary damages
- Data loss
- System downtime
- Third party integrations
- Unauthorized access
The Company’s total liability shall not exceed the amount paid by Agent to the Company in the preceding 30 days. Any claim arising out of or relating to these Terms or the Platform must be brought within one (1) year after the claim arises, or such claim is permanently barred, to the maximum extent permitted by law.
14. Service Availability; Force Majeure
Company does not guarantee uninterrupted or error-free operation of the Platform. Company shall not be liable for delays, interruptions, failures, or inability to perform resulting from causes beyond its reasonable control, including:
- Internet outages
- Telecommunications failures
- Software or hosting interruptions
- Cyberattacks
- Labor disputes
- Governmental actions
- Acts of God or natural disasters
15. Indemnification
Agent agrees to indemnify, defend, and hold harmless the Company from any claims arising from:
- Agent sales practices
- Regulatory violations
- Misuse of consumer information
- Breach of these Terms
- Any action Agent takes relating to its use of the Platform
Company at its sole discretion controls defense and settlement.
16. Governing Law
These Terms shall be governed by and construed under the laws of the State of Tennessee, without regard to conflict-of-law principles.
17. Dispute Resolution; Arbitration; Class Action Waiver
17.1 Binding Arbitration
Except for claims seeking injunctive or equitable relief relating to intellectual property, confidentiality, or unauthorized access to the Platform, any dispute, claim, or controversy arising out of or relating to these Terms, the Platform, any Appointment, payment dispute, or the relationship between Company and Agent (collectively, “Disputes”) shall be resolved exclusively by final and binding arbitration.
Arbitration shall be administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules then in effect.
17.2 Arbitration Location and Governing Law
Unless otherwise required by applicable law, arbitration shall take place in Davidson County, Tennessee, or remotely at Company’s election. These Terms and all Disputes shall be governed by Tennessee law, without regard to conflict-of-law principles.
17.3 Waiver of Jury Trial
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY WAIVES ANY RIGHT TO TRIAL BY JURY.
17.4 Class Action Waiver
ALL DISPUTES MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY ONLY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION.
17.5 Attorneys’ Fees
The prevailing party in any action or proceeding arising under these Terms shall be entitled to recover its reasonable attorneys’ fees and costs.
18. Modifications
Company may modify these Terms from time to time. Changes including material changes shall become effective upon posting to the Platform or notice sent to Agent’s email address on file. Continued use of the Platform after the effective date constitutes acceptance of the revised Terms.
19. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be deemed modified to the minimum extent necessary to make it enforceable, or if modification is not possible, severed from these Terms. The remaining provisions shall remain in full force and effect.
20. Electronic Communications
Agent consents to receive communications from Company electronically, including by email, platform notification, text message, or other electronic means, relating to account activity, purchases, operational notices, and legal notices. Electronic communications satisfy any legal requirement that such communications be in writing.
21. Independent Relationship; No Agency
The parties are independent business entities. Nothing in these Terms or in the parties’ relationship shall be construed to create any partnership, joint venture, employment, agency, fiduciary, or related relationship between the parties. Neither party has authority to bind, represent, or act on behalf of the other unless expressly agreed in writing. Company does not supervise, direct, or control Agent’s insurance sales activities.
22. Contact Information
MyAppointmentSet.com
d/b/a MyMedicareAppointment.com
Email: support@myappointmentset.com