Buyer Agreement

This Buyer Agreement ("Agreement") governs the purchase of leads, calls, data services, or related products ("Leads") from Open Choice ("Open Choice," "Company," "we," "us," or "our") by the purchasing entity or individual ("Buyer," "you," or "your").

By creating a buyer account, funding an account, or accepting delivery of any Lead, you agree to be legally bound by this Agreement.

1. Nature of Services

Open Choice operates a marketing and lead-generation platform that collects consumer inquiries and distributes them to participating Buyers.

Open Choice does not guarantee:

• Conversion rates
• Exclusivity unless expressly agreed in writing
• Accuracy of consumer information
• That a consumer will respond, bind coverage, or complete a purchase

Leads represent consumer-submitted information at the time of submission.

2. Account Registration & Eligibility

Buyer represents and warrants that:

• Buyer is properly licensed where required
• Buyer is legally authorized to sell or service the insurance products for which Leads are purchased
• Buyer will maintain all required regulatory licenses
• All information provided to Open Choice is accurate

Open Choice may suspend or terminate Buyer accounts at its sole discretion.

3. Lead Pricing & Funding

3.1 Pricing

Lead pricing may vary by product type, state, channel (data lead vs. call), and auction mechanics (if applicable). Pricing is subject to change at any time unless governed by a separate written agreement.

3.2 Funding & Billing

Buyer agrees to maintain sufficient account balance, authorize automatic charges where applicable, and pay all fees associated with purchased Leads. Open Choice may suspend Lead delivery if account balance is insufficient, payment fails, or Buyer is in breach of this Agreement. Promotional credits, if offered, are non-transferable and may expire.

4. Delivery & Acceptance

Leads are deemed delivered when posted to Buyer dashboard, transmitted via API, sent via email, or connected via call routing. Buyer is responsible for monitoring account and delivery channels. Failure to retrieve a Lead does not void the charge.

5. Refund Policy

Refund eligibility is limited and may apply only if a Lead falls outside agreed targeting filters, duplicate delivery is verified, or clear data corruption exists. Refund requests must be submitted within the timeframe defined in Buyer dashboard policy. Refund decisions are made at Open Choice's sole discretion.

Refunds will not be granted for:

• Lack of consumer response
• No bind / no sale
• Pricing dissatisfaction
• Internal staffing delays
• Consumer indecision

6. Compliance Obligations

Buyer is solely responsible for compliance with TCPA, CAN-SPAM, state insurance marketing laws, Do Not Call regulations, data privacy laws, call recording laws, and any other applicable regulations. Buyer must obtain required consent before calling, texting, emailing, recording calls, or using automated dialing systems. Open Choice is not responsible for Buyer's marketing conduct.

7. Permitted Use of Leads

Leads may be used only for direct contact related to the requested insurance product and servicing that consumer inquiry. Buyer shall not resell Leads, transfer Leads to third parties without written authorization, aggregate Leads into external databases for resale, or use Leads for unrelated marketing purposes.

8. Data Security

Buyer agrees to protect Lead data using commercially reasonable safeguards, restrict internal access to authorized personnel, not store or transmit data insecurely, and immediately notify Open Choice of data breaches. Open Choice reserves the right to audit Buyer compliance if data misuse is suspected.

9. CRM Lite & Portal Access

Open Choice may provide portal tools including CRM Lite. Access to CRM features may require active Lead participation, may be restricted if account is inactive, and may be modified or discontinued at any time. Buyer is responsible for exporting its own data backups.

10. Chargebacks & Payment Disputes

Buyer agrees not to initiate chargebacks without first contacting Open Choice for resolution. Improper chargebacks may result in immediate suspension, collections action, and additional administrative fees. Buyer remains responsible for all valid Lead charges.

11. Intellectual Property

All software, dashboards, scoring systems, routing logic, analytics, and related technology are proprietary to Open Choice. Buyer may not reverse engineer, copy, replicate, scrape, or interfere with system operations.

12. Disclaimer of Warranties

LEADS AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." Open Choice disclaims all warranties, including accuracy, merchantability, fitness for a particular purpose, availability, and performance guarantees. No revenue guarantees are made.

13. Limitation of Liability

To the fullest extent permitted by law, Open Choice shall not be liable for lost profits, lost commissions, business interruption, or indirect or consequential damages. Total liability shall not exceed the total amount paid by Buyer in the preceding 60 days.

14. Indemnification

Buyer agrees to defend, indemnify, and hold harmless Open Choice from any claims, damages, penalties, or regulatory actions arising from Buyer's marketing conduct, regulatory violations, misuse of Lead data, or breach of this Agreement. This includes attorney fees and regulatory fines.

15. Termination

Open Choice may suspend or terminate Buyer access at any time for non-payment, compliance concerns, fraud suspicion, abuse of refund policy, or breach of Agreement. Termination does not waive outstanding payment obligations.

16. Arbitration & Dispute Resolution

All disputes shall be resolved through binding arbitration in Harris County, Texas. No class actions. No class arbitration. Each party waives jury trial. Claims must be brought within one (1) year. Judgment on any award may be entered in court.

17. Governing Law

This Agreement shall be governed by the laws of the State of Texas.

18. Entire Agreement

This Agreement constitutes the entire understanding between Open Choice and Buyer regarding Lead purchases, unless superseded by a separate written contract signed by both parties.