Terms of Service
Acceptance of Terms
These Terms of Service (“Terms”) govern all access to and use of the FluxProtocol website, platform, digital routing, intake, verification, workflow, data, and related services (collectively, the “Services”) provided by LeadStrive LLC, doing business as FluxProtocol (“LeadStrive,” “FluxProtocol,” “we,” “us,” or “our”). By accessing the website, requesting access, paying an invoice, executing an order form, or using any part of the Services, Client agrees to be bound by these Terms.
Business-to-Business Service Only
FluxProtocol is offered solely to licensed insurance agents, agencies, and other approved business users. FluxProtocol is a marketing and technology infrastructure provider. FluxProtocol is not a carrier, issuer, exchange, TPA, public marketplace, or licensed insurance agency, and does not provide insurance advice, plan recommendations, tax advice, or legal advice to consumers.
No Agency, Brokerage, Enrollment, Compliance, or Fiduciary Role
LeadStrive is not acting as Client’s insurance agency, sub-agency, compliance manager, broker manager, legal advisor, enrollment supervisor, or fiduciary. LeadStrive does not advise consumers, recommend plans, determine subsidy eligibility, determine plan suitability, approve scripts, approve disclosures, or supervise enrollment conduct. Client remains solely responsible for all sales, enrollment, compliance, disclosure, and operational decisions.
Service Description
The Services may include digital marketing, survey intake, verification processes, routing, data delivery, workflow tools, automation, reporting, support, account access, and related technology or operational services. LeadStrive may modify, suspend, restrict, or discontinue any feature, source, process, routing logic, or access method at any time without liability.
No Disclosure of Proprietary Methods
Client acknowledges that all methodologies, workflows, funnels, surveys, source logic, validation logic, integrations, routing methods, ad strategy, technology, and related business methods are proprietary trade secrets of LeadStrive. Client has no right to request, inspect, copy, reverse engineer, derive, disclose, or replicate such methods.
Access, Delivery, and Validation
LeadStrive may provide access, routing, consumer opportunity records, app-related data, workflow outputs, and/or related Services through dashboards, exports, integrations, APIs, secure file transfer, or other methods chosen by LeadStrive. Validation may include timestamps, IP data, device or session logs, consent records, or other internal checks. LeadStrive may use internal or third-party systems for filtering, verification, and routing.
No Warranties
All Services, outputs, data, records, routing, access, and technology are provided strictly “as is” and “as available,” with all faults. LeadStrive disclaims all warranties, express or implied, including any warranty of merchantability, fitness for a particular purpose, title, non-infringement, availability, performance, completeness, accuracy, exclusivity, uniqueness, consumer intent, consumer eligibility, consumer identity, carrier acceptance, conversion, profitability, AOR status, retention, commissions, or uninterrupted access.
No Guaranteed Outcomes
LeadStrive does not guarantee any specific number of applications, enrollments, policies, commissions, retention levels, consumer contact rates, answer rates, close rates, exclusivity across the entire internet, AOR status, carrier acceptance, consumer eligibility, consumer intent, or business outcomes. Any benchmarks, examples, illustrations, estimated economics, or historical references are non-binding illustrations only and do not create any promise, warranty, or guarantee.
Payments; All Sales Final
All invoices, fees, access charges, setup fees, subscriptions, data charges, service fees, and related amounts are due as invoiced. All sales are final. No refunds, reversals, offsets, cancellations, credits, or chargebacks are permitted once access is granted, services begin, data is made available, credentials are issued, routing is activated, or any deliverable is provided. Client waives all rights to dispute completed charges except as expressly required by non-waivable law.
No Refunds Based on Performance, Carrier Outcome, or Agent Result
Client expressly agrees that dissatisfaction with contact rates, answer rates, consumer responsiveness, consumer eligibility, consumer authenticity, conversion, submitted applications, enrollment outcomes, AOR status, retention, commissions, carrier acceptance, carrier rejection, platform restrictions, account terminations, or regulatory scrutiny shall not constitute grounds for refund, reversal, credit, cancellation, setoff, or dispute. Once any access, routing, data, record, output, or deliverable is made available, all amounts are irrevocably earned.
Chargeback Prohibition; 3x Dispute Liability
Client shall not initiate any chargeback, ACH reversal, processor dispute, bank dispute, refund demand after delivery, wire recall, or similar payment challenge. If Client does so, LeadStrive may immediately suspend or terminate all Services, revoke credentials, disable routing, accelerate all unpaid balances, and pursue all remedies available at law or equity. Client shall be liable for: (a) the full disputed amount; (b) liquidated damages equal to three (3) times the disputed amount; (c) all processor fees, reserve losses, return fees, bank fees, and administrative fees; and (d) all attorney’s fees, expert fees, arbitration fees, court costs, and collection costs. Client agrees these amounts are reasonable and necessary because payment disputes create disproportionate financial and operational harm.
Client Compliance Responsibility
Once any data, access, routing, or Service output is made available to Client, Client assumes sole responsibility for all downstream conduct, including licensing, appointments, telephonic outreach, email, SMS, disclosures, consumer contact, enrollment activity, script use, recordings, data storage, consumer identity checks, consumer eligibility checks, application handling, record retention, and compliance with all federal, state, carrier, and industry requirements, including without limitation CMS, TCPA, HIPAA, CAN-SPAM, advertising rules, privacy laws, insurance laws, and telemarketing laws.
Identity, Fraud, and Misrepresentation Risk Allocation
LeadStrive shall not be responsible for identity theft, synthetic identity, consumer misrepresentation, third-party impersonation, unauthorized submissions, forged attestations, inaccurate eligibility data, fraud allegations, or insurance fraud claims arising from Client’s contact, quoting, enrollment, submission, or downstream handling of any record or opportunity. Client must independently verify identity, intent, eligibility, disclosures, and submission authority before taking action. All resulting risk, including carrier, consumer, regulator, or criminal consequences, rests solely with Client.
Client and Agent Responsibility for All Downstream Conduct
Client is solely responsible for the acts and omissions of its owners, agents, employees, contractors, VAs, dialers, appointment setters, agencies, sub-agencies, and downstream partners, as if such acts and omissions were Client’s own. Client shall independently verify all consumer information, eligibility, consent scope, disclosures, and submission readiness before any contact, quote, recommendation, enrollment, or submission. LeadStrive does not supervise, train, direct, approve, or monitor Client’s downstream compliance decisions and shall not be deemed responsible for them.
No Liability for Agent Conduct or Downstream Use
LeadStrive is not liable for any act, omission, statement, enrollment decision, plan selection, representation, compliance failure, audit issue, complaint, carrier action, regulator action, arbitration, claim, lawsuit, fine, penalty, data incident, identity issue, or fraud allegation arising from Client’s or any agent’s downstream conduct or use of the Services.
No Liability for Carrier, CMS, Exchange, Platform, TPMO, FMO, IMO, Upline, or Agency Consequences
LeadStrive shall have no liability whatsoever for any termination, suspension, deactivation, commission hold, commission reversal, clawback, offset, appointment issue, contracting issue, carrier complaint, carrier investigation, CMS inquiry, CMS marketing complaint, exchange issue, platform issue, TPMO issue, FMO/IMO/upline action, state DOI complaint, fraud review, audit, legal claim, or reputational consequence arising out of or related to Client’s or any agent’s use of the Services, downstream conduct, marketing, outreach, representations, application handling, disclosures, enrollment activity, or data handling. All such risk is assumed solely by Client.
Internal Exclusivity Only; No Internet-Wide Exclusivity
Any description of a record, app opportunity, consumer flow, routing, or delivery as “exclusive,” “direct,” “verified,” “protected,” “assigned,” or similar terminology refers solely to LeadStrive’s internal handling and controlled campaigns, if at all, and does not constitute a representation that the consumer has not opted in, inquired, spoken with, enrolled through, or otherwise interacted with any unrelated website, lead source, call center, marketplace, carrier, agent, agency, government system, or third-party platform outside LeadStrive’s control. Any overlap, re-opt-in, re-submission, prior inquiry, or subsequent inquiry is accepted by Client as part of internet-based marketing and shall not create any refund right or liability.
Intellectual Property
All code, content, designs, funnels, surveys, fields, scripts, workflows, routing methods, domains, ad creatives, copy, trademarks, trade names, reports, exports, datasets, software, APIs, and business methods used or made available through the Services are and remain the exclusive property of LeadStrive or its licensors. Client receives only a limited, revocable, non-exclusive, non-transferable right to use the Services for its internal business operations during an active paid relationship.
Restrictions
Client shall not copy, scrape, export in bulk except as expressly permitted, resell, redistribute, sublicense, share credentials, share records outside its approved business use, reverse engineer, benchmark, clone, frame, or use the Services to build or support a competing service, directly or indirectly. Client shall not post false, misleading, or defamatory statements about LeadStrive in connection with any payment dispute or contractual dispute.
Confidentiality
All non-public information provided by LeadStrive or learned through use of the Services is confidential. Client shall protect such information using at least reasonable care and shall not disclose it except to personnel who need to know it and are bound by confidentiality obligations.
Suspension and Termination
LeadStrive may suspend, restrict, or terminate access at any time, with or without notice, for non-payment, suspected misuse, chargeback risk, reputational harm, compliance risk, fraud risk, scraping, copying, security concerns, inactivity, or any other business reason. Termination does not relieve Client of any payment obligation or any provisions that by their nature survive termination.
Immediate Remedies; Account Lock; Survival
Upon non-payment, dispute, chargeback attempt, suspected fraud, reputational threat, compliance threat, scraping, copying, or misuse, LeadStrive may immediately suspend all Services, revoke credentials, disable routing, withhold data, archive records, and terminate access without notice. LeadStrive may seek immediate injunctive relief and all other remedies available at law or equity. The following provisions survive any termination indefinitely: payments, no-refund obligations, dispute penalties, confidentiality, IP ownership, restrictions, indemnification, limitation of liability, arbitration, governing law, and all risk-allocation provisions.
Expanded Indemnification
Client shall defend, indemnify, and hold harmless LeadStrive, its affiliates, owners, managers, officers, employees, contractors, licensors, successors, assigns, vendors, processors, and platform partners from and against all claims, complaints, audits, investigations, actions, demands, damages, liabilities, fines, penalties, chargebacks, reversals, offsets, settlements, judgments, and expenses (including attorney’s fees, expert fees, arbitration fees, and administrative fees) arising out of or relating to: (a) Client’s use of the Services; (b) any agent or downstream user conduct; (c) consumer contact, quoting, recommendations, enrollments, or submissions; (d) any alleged violation of CMS, carrier rules, DOI rules, TCPA, HIPAA, privacy law, telemarketing law, advertising law, or insurance law; (e) any claim by a carrier, consumer, regulator, platform, FMO, IMO, TPMO, or upline; or (f) any payment dispute, refund demand, chargeback, or reversal.
Limitation of Liability
To the fullest extent permitted by law, LeadStrive’s total aggregate liability arising out of or relating to the Services shall not exceed the amount actually paid by Client to LeadStrive for the specific Services giving rise to the claim during the thirty (30) days preceding the event giving rise to the claim. In no event shall LeadStrive be liable for any indirect, incidental, special, consequential, exemplary, punitive, or lost-profit damages, lost commissions, lost business, lost data, business interruption, reputational harm, chargebacks, carrier actions, or regulatory actions, even if advised of the possibility of such damages.
Governing Law
These Terms are governed by the laws of the State of Texas, without regard to conflicts principles. Any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved by final and binding arbitration administered by the American Arbitration Association in Texas, on an individual basis only. Client waives any right to participate in a class action, collective action, or representative action. LeadStrive may seek temporary, preliminary, or permanent injunctive relief in any court of competent jurisdiction to protect confidential information, intellectual property, payment rights, or proprietary methods.
Electronic Acceptance
Payment of an invoice, clicking acceptance, submitting an onboarding form, using the website, using credentials, or accessing any part of the Services constitutes electronic acceptance of these Terms and has the same force and effect as a signed written agreement.
Costs of Enforcement
If LeadStrive enforces these Terms, collects unpaid amounts, responds to any dispute, or defends any claim arising from Client’s breach or conduct, Client shall pay all associated costs, including attorney’s fees, paralegal fees, expert fees, arbitration fees, court costs, processor costs, collection agency fees, bank fees, wire recall fees, and internal administrative costs.
Changes
LeadStrive may revise these Terms at any time. Revised Terms become effective upon posting or upon notice to Client. Continued use after such revision constitutes acceptance.
Authorization of Digital Routing
By utilizing the Services, Client explicitly authorizes LeadStrive LLC (FluxProtocol) to digitally route verified consumer session data, intake forms, and consent logs through the Client’s designated marketing URLs, third-party portal environments, and National Producer Number (NPN). Client acknowledges that this routing is conducted via FluxProtocol’s proprietary technology infrastructure.
No Affiliation with Third-Party Platforms
FluxProtocol is an independent Marketing Technology (MarTech) provider. We do not own, operate, or control any external platforms, nor are we affiliated with, endorsed by, or integrated via official backend API with the Centers for Medicare & Medicaid Services (CMS), the Federally-Facilitated Marketplace (FFM), HealthSherpa, or any specific insurance carrier.
Important carrier and plan display policy
- Their selected carriers will be prioritized when available.
- Other carriers may be shown when selected carriers are unavailable or unsuitable.
- Plan availability varies by consumer, ZIP code, county, and eligibility.
- The system cannot hide available plan options just because an agent does not want that carrier.
- Removing carriers can reduce volume and increase CPL.
- Campaign performance cannot be guaranteed when carrier options are restricted.
Master Definition
For the purposes of this section, “The Company” refers to the specific corporate entity operating this website, alongside all of its parent companies, subsidiaries, affiliates, doing-business-as (DBA) platforms, brand names, and technology partners.
Authorization of Digital Routing
By utilizing the Services, Client explicitly authorizes The Company to digitally route verified consumer session data, intake forms, and consent logs through the Client’s designated marketing URLs, third-party portal environments, and National Producer Number (NPN). Client acknowledges that this routing is conducted via The Company’s proprietary technology infrastructure and explicitly consents to this routing regardless of the specific digital methodologies employed by The Company or its affiliates.
Quoting API vs. Enrollment Affiliation
The Company acts strictly as an independent Marketing Technology (MarTech) provider. While we may utilize public data feeds (such as the official CMS API) strictly for informational quoting and real-time plan-matching purposes, The Company and its affiliates are not affiliated with, endorsed by, or integrated via official backend API for the submission, processing, or enrollment of applications with the Centers for Medicare & Medicaid Services (CMS), the Federally-Facilitated Marketplace (FFM), HealthSherpa, or any specific insurance carrier.
Assumption of Portal Risk and Anti-Automation Compliance
Client acknowledges that third-party enrollment portals (explicitly including HealthSherpa and CMS) maintain their own independent Terms of Service, security protocols, and strict policies regarding data entry, digital routing, and anti-automation. Client assumes 100% of the legal, operational, and financial risk for ensuring that their use of The Company’s routing technology complies with their individual agreements with these platforms. The Company makes no representations regarding the compatibility of its technology with third-party anti-bot or security terms. Client accepts that using automated digital routing carries the inherent risk of portal account flags, and proceeds strictly at their own risk.
The Absolute NPN and Commission Shield
Under no circumstances shall The Company, its affiliates, its owners, or its technology partners be held liable for any investigation, suspension, restriction, lockout, or termination of the Client’s National Producer Number (NPN), HealthSherpa accounts, third-party portal access, or carrier appointments. If a third-party platform (e.g., HealthSherpa or CMS) restricts or terminates the Client’s access for any reason—including suspected automated activity or routing protocol violations—Client explicitly holds The Company 100% harmless. Client unconditionally waives all rights to claim damages against The Company for any loss of revenue, withheld commissions, lost books of business, carrier chargebacks, or regulatory fines.
Verification and Consent
While The Company may provide digital verification tools (e.g., biometric face scans, IP logging, timestamped authorizations), Client is solely responsible for verifying that such documentation satisfies CMS and carrier requirements for consumer consent prior to any application processing. The Company does not guarantee that third-party auditors or carriers will accept any specific format of documented consent.
Premium, Subsidy, and Plan ID Variances
Client acknowledges that all premium quotes, Advanced Premium Tax Credit (APTC) subsidy calculations, gross/net premiums, and specific Plan IDs displayed within The Company’s environment are preliminary estimates provided for informational purposes only. Because third-party portals (such as HealthSherpa and CMS) utilize their own proprietary calculation logic, UI-specific variables, and dynamic data feeds, the final quoted premium, subsidy amount, or plan availability may differ at the actual time of portal enrollment. The Company makes no guarantees regarding the exact matching of our preliminary quoting data to final third-party portal outcomes and assumes zero liability for any pricing discrepancies, mismatched Plan IDs, altered subsidy amounts, or resulting consumer/carrier disputes
Entire Agreement
These Terms, together with any order form, invoice, onboarding form, or written addendum expressly incorporated by reference, form the entire agreement between LeadStrive and Client regarding the Services and supersede all prior or contemporaneous discussions.