Business License Terms

Last updated 2026-07-20 · Version 2026-07-19

These Business License Terms (the "Terms") govern the facility subscription license to a Miller Trust Guide Setup Kit (the "Kit"). They are a binding agreement between you and the entity that operates Miller Trust Guide ("we," "us," or "Miller Trust Guide"). By checking the acknowledgment box and completing checkout, you (the "Licensee") agree to these Terms. If you accept on behalf of an organization, you represent that you are authorized to bind that organization, and "Licensee" refers to that organization.

These Terms apply to the business subscription only. They supplement — and, for the facility subscription, control over — our general Disclaimer and Privacy Policy. The consumer Refund Policy applies to single-purchase consumer kits, not to business subscriptions (see "Billing and cancellation" below).

1. Definitions

• Kit — the Miller Trust Guide state-specific Qualified Income Trust setup kit and all of its explanatory content, in any format, including any facility co-branded version.
• Facility — the single licensed nursing, assisted-living, or long-term-care location identified at checkout (or, under an all-states or multi-location plan, the locations covered by the plan you purchased).
• Residents and Families — the Facility's own current or prospective residents and their family members or authorized representatives.
• Subscription — the paid, recurring facility license purchased through our checkout and managed through the billing portal.

2. License granted

Subject to an active, paid Subscription and your compliance with these Terms, we grant the Licensee a limited, non-exclusive, non-transferable, non-sublicensable, revocable license, for the term of the Subscription, to:

1. access and use the Kit for the licensed state(s); and
2. reproduce, print, and distribute the co-branded Kit to the Facility's own Residents and Families, for the sole purpose of helping them understand and, if they choose, establish a Qualified Income Trust.

Distributing the Kit to your Residents and Families in this way is the intended use of the business license — it is not a workaround. This grant is limited to the specific state(s) and location(s) covered by your plan. Additional states or locations require additional Subscriptions.

3. What the license does not permit

The Licensee shall not, and shall not permit any third party to:

• sell, rent, lease, sublicense, or otherwise charge any person for the Kit;
• distribute, share, or make the Kit available to anyone other than the Facility's own Residents and Families — including other facilities, organizations, referral partners, or the general public;
• post, upload, or publish the Kit on the open internet or any publicly accessible or search-indexable location;
• remove, obscure, or alter any branding, watermark, license identifier, copyright, or other notice on the Kit;
• use the Kit to create, train, or improve any competing or derivative product or service;
• copy or reproduce the Kit except as expressly permitted in Section 2; or
• assign or transfer the license or the Subscription to any other person or entity, including through a change of control, without our prior written consent.

4. Ownership

We and our licensors retain all right, title, and interest in and to the Kit and its explanatory content, including all intellectual property rights. No rights are granted except the limited license in Section 2. The official Qualified Income Trust / Miller Trust templates themselves are published by the respective state Medicaid agencies and remain the property of those agencies; we claim no ownership of the official state forms and do not reproduce their instrument text. Facility co-branding is a courtesy feature and does not transfer any of our intellectual property to the Licensee.

5. Informational only — no legal advice, no practice of law

The Kit is informational only. It is not legal advice and is not a substitute for consultation with a licensed attorney. We are not a law firm and do not practice law. As a condition of this license, the Licensee agrees that it will not:

• represent the Kit, or anything in it, as legal advice;
• use the Kit to provide legal advice or legal services, or to hold itself or its staff out as providing legal services;
• complete, fill in, draft, or execute any Resident's or Family's trust instrument, or give any individualized legal judgment about a Resident's or Family's specific situation.

Providing the Kit to Residents and Families is distributing educational material, not practicing law. The Licensee is solely responsible for ensuring that its staff's conduct complies with the Unauthorized Practice of Law rules and all other laws of its state.

6. Licensee responsibilities and compliance

The Licensee is solely responsible for its own regulatory compliance in connection with distributing the Kit, including any applicable healthcare, privacy, elder-care, consumer-protection, and Medicaid marketing rules. We do not collect, request, or process any Resident or Family personal information, and the Licensee must not send us any protected health information or other personal information about its Residents or Families.

7. Content updates and currency

State forms and Medicaid income limits change over time. We update the Kit to reflect publicly available state agency materials, and the current version is always available in the portal. The Licensee agrees to distribute only the then-current version available in the portal and to stop distributing any superseded version once an update is available. We do not warrant that any version is error-free or continuously current; the Licensee and its Residents and Families remain responsible for verifying information with the state Medicaid agency and a licensed attorney.

8. Billing and cancellation

Subscriptions are billed in advance on a recurring basis (monthly or annual, as selected) and renew automatically until canceled. You may cancel at any time through the billing portal; cancellation stops future charges, and your license and portal access continue until the end of the period already paid. Except where required by law, fees already paid are non-refundable, and canceling does not entitle you to a refund of the current period. Taxes are additional where applicable.

9. Term and termination

This license is coextensive with your active, paid Subscription. It ends automatically when the Subscription ends — whether by cancellation, non-payment, or termination by us for breach. We may suspend or terminate the license immediately if the Licensee breaches these Terms, in particular the redistribution restrictions in Section 3, and such a termination does not entitle the Licensee to any refund.

Upon termination, the Licensee must stop accessing the portal, stop making or distributing any new or additional copies of the Kit, and stop representing the Kit as licensed to the Facility. Printed copies already delivered to individual Residents and Families before termination may remain with those recipients for their own personal use.

10. Disclaimer of warranties

THE KIT IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT USE OF THE KIT WILL RESULT IN MEDICAID ELIGIBILITY, APPROVAL OF ANY TRUST, OR ANY PARTICULAR OUTCOME.

11. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS, ARISING OUT OF OR RELATED TO THE KIT OR THESE TERMS. OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE KIT OR THESE TERMS WILL NOT EXCEED THE FEES THE LICENSEE PAID TO US FOR THE SUBSCRIPTION IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

12. Indemnification

The Licensee will defend, indemnify, and hold us harmless from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) the Licensee's use or distribution of the Kit outside the scope of this license; (b) any representation or advice the Licensee or its staff makes to its Residents and Families; or (c) the Licensee's violation of these Terms or of any applicable law.

13. Injunctive relief

The Licensee agrees that unauthorized reproduction, distribution, or public posting of the Kit would cause harm for which monetary damages may be an inadequate remedy, and that we are entitled to seek injunctive relief, in addition to any other remedies, without the necessity of posting a bond.

14. Changes to these Terms

We may update these Terms from time to time. If we make a material change, we will provide notice through the portal or by email, or by updating the "last updated" date and version above. Your continued use of the Kit or the Subscription after a change takes effect constitutes acceptance of the updated Terms.

15. General

These Terms are the entire agreement between the Licensee and us regarding the facility license and supersede any prior understanding on that subject. If any provision is held unenforceable, the remaining provisions stay in effect. Our failure to enforce a provision is not a waiver. The Licensee may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. These Terms are governed by the laws of the United States and of the state in which the entity operating Miller Trust Guide is organized, without regard to conflict-of-laws principles, and the parties consent to the exclusive jurisdiction and venue of the state and federal courts located there.

Contact

support@millertrustguide.com