These Terms and Conditions ("Terms") govern your use of the Headwaters FEX mobile application (the "App"), operated by Headwaters Final Expense, a division of North American Senior Benefits ("Headwaters," "we," "us," or "our"). By downloading, installing, logging in to, or using the App, you agree to these Terms. If you do not agree, do not use the App.
The App is a private business tool. It exists only to give authorized Headwaters employees, contracted agents, and approved team members ("Authorized Users" or "you") mobile access to the Headwaters customer relationship management system (the "CRM"). It is not offered to the general public.
These Terms work alongside, and do not replace, any employment agreement, independent contractor agreement, agent agreement, confidentiality agreement, or company policy you have signed with Headwaters (together, "Your Agreements"). If these Terms conflict with Your Agreements, Your Agreements control.
2
Eligibility and Accounts
You may use the App only if Headwaters has issued you login credentials and your relationship with Headwaters is active. You must be at least 18 years old and, where required for your role, hold a current insurance producer license in good standing.
Your account is personal to you. You agree to:
Keep your username, password, and any multi-factor codes private and never share them with anyone, including other team members.
Use a device protected by a passcode, PIN, or biometric lock.
Log out of the App and the CRM on any shared or public device.
Tell your manager or support@nasb.headwatersfex.com right away if your device is lost or stolen, or if you suspect anyone else has accessed your account.
3
Acceptable Use and Client Data
You may use the App only to perform your work for Headwaters. The CRM holds personal information about leads, clients, applicants, and policyholders ("Client Data"), which may include names, phone numbers, addresses, dates of birth, beneficiary details, and health information shared during the insurance application process. You must treat all Client Data as strictly confidential.
You agree that you will not:
Access, view, or change any record you do not need for your assigned work.
Copy, screenshot, export, download, forward, or store Client Data outside the CRM, except as your role requires and Headwaters policy allows.
Share Client Data with anyone outside Headwaters, or use it for any personal purpose or for any other agency, carrier, or business.
Contact leads or clients in a way that violates the Telephone Consumer Protection Act, the National Do Not Call Registry, state telemarketing laws, carrier rules, or any consent or opt-out recorded in the CRM.
Make false or misleading statements about any insurance product, or conduct any business that violates state insurance laws or regulations.
Attempt to bypass security, reverse engineer the App, introduce malware, or access the CRM or its data by any unauthorized method.
Let any other person use the App under your account.
4
Monitoring, Privacy, and Third-Party Services
The App connects to a CRM platform provided by a third party. Your use of the CRM is also subject to that provider's terms and privacy policy. Headwaters is not responsible for outages, errors, or changes made by the CRM provider.
Headwaters may log, monitor, and review your activity in the App and the CRM, including logins, records viewed or changed, calls, texts, and messages, to protect Client Data, ensure compliance, and manage performance. You have no expectation of privacy in work activity performed through the App.
How we collect and use information about you and Client Data is described in our Privacy Policy.
5
Ownership
The App, the CRM configuration, and all Client Data, lead lists, scripts, workflows, and other content you access through the App belong to Headwaters or its licensors. Headwaters grants you a limited, revocable, non-transferable, non-exclusive license to use the App only for your work for Headwaters while these Terms are in effect. No other rights are granted.
6
Termination
Your right to use the App ends automatically when your employment, contract, or appointment with Headwaters ends, or when Headwaters revokes your access. Sections 3, 5, 7, 8, and 10 survive termination.
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Disclaimers
The App is provided "as is" and "as available." To the fullest extent allowed by law, Headwaters disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not promise the App will be uninterrupted, error-free, or that data will never be lost. Always verify critical client and policy information in the CRM or carrier systems before acting on it.
8
Limitation of Liability
To the fullest extent allowed by law, Headwaters will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost commissions, profits, or data, arising from your use of or inability to use the App. Nothing in these Terms limits any rights you have under employment or wage laws that cannot be waived.
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Apple and Google
These Terms are between you and Headwaters only, not Apple Inc. or Google LLC. Headwaters, not Apple or Google, is solely responsible for the App, its content, maintenance, support, and any claims relating to it. Apple and Google have no obligation to provide maintenance or support for the App. If the App fails to conform to any warranty, you may notify Apple, and Apple's only obligation will be to refund any purchase price (the App is free). Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. You confirm you are not located in a country subject to a U.S. government embargo and are not on any U.S. government list of prohibited or restricted parties. You must also follow any applicable third-party terms, such as your wireless carrier's, when using the App.
10
Governing Law
These Terms are governed by the laws of the State of Georgia, without regard to its conflict-of-law rules. Any dispute will be resolved in the state or federal courts located in Clarke County, Georgia, unless Your Agreements require arbitration or another forum.
11
Changes to These Terms
We may update these Terms at any time. We will post the updated version in the App or on this page and update the date at the top. Continued use of the App after an update means you accept the new Terms.
