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These Terms of Service (“Agreement” or “Terms of Service”) are a legally binding agreement between you (the “User,” “Consumer,” or “you,”) and InsuredMine Inc. (“InsuredMine,” “Company,” or “we”). You acknowledge and agree that your use of the InsuredMine platform (the “Platform”) and the associated services (the “Services”) through InsuredMine’s websiteat www.insuredmine.com(the “Website”) orInsuredMine’s mobile application (the “App”) will be governed by this Agreement, the Privacy Policy available on our Website at www.insuredmine.com/privacy, and any related terms. User and InsuredMine are sometimes collectively referred to herein as the “Parties” and individually as a “Party.”
If you are unsure as to the terms of this Agreement, please do not proceed further and contact us at support@insuredmine.com.
Your use of the Platform shall constitute your acceptance of this Agreement and to all of the terms and conditions stated under this Agreement and the Privacy Policy referenced herein.
PLEASE READ THE TERMS CONTAINED IN THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. PLEASE NOTE THAT THESE TERMS CONTAIN A BINDING AND MANDATORY ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS AND LIMITS REMEDIES AVAILABLE TO YOU IN THE EVENT OF CERTAIN DISPUTES.
BY ACCEPTING THIS AGREEMENT, EITHER BY CLICKING A BOX INDICATING YOUR ACCEPTANCE OR BY USING AND NAVIGATING THROUGH OUR PLATFORM THROUGH OUR WEBSITE AND/OR APP, YOU AGREE THAT (A) YOU HAVE READ AND UNDERSTOOD THE AGREEMENT; (B) REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD; (C) YOU CAN FORM A BINDING CONTRACT; AND (D) YOU ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS AS WELL AS THE PRIVACY POLICY REFERENCED HEREIN. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF INSUREDMINE OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THIS AGREEMENT, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE WEBSITE, APP, OR PLATFORM.
Capitalized terms not defined herein shall have the same meaning ascribed to them under the Privacy Policy.
The InsuredMinePlatform is an all-in-one digital platform to help insurance agencies and brokers do two things: (i) reduce sales cycle, and (ii) increase client retention and cross sales. The Platform is an add-on to any agency management system. The Platform’s four core components relate to (i) sales,(ii) engagement, (iii) analytics, and (iv) mobility. The Platform provides an agency with its data story in an incredibly user-friendly visual manner. This data can be segmented to understand the trends that are going on within an agency, and then action can be taken based on the data either manually or through automation to promote sales, retention, and client engagement.InsuredMine brings the best of (i) a Sales Funnel, (ii) CRM, (iii) Task & Ticket Management, (iv) Marketing Automation, (v) Business Intelligence Reports, and (vi) a client-facing Mobile App into one seamless platform to help agencies maximize the value of their own data.
Our Website, App, and Platform are only available for use and download outside the European Union. Our Website, App, and Platform are not available for use or download by residents of, visitors to, or employees of our customers, who reside in the European Union (collectively a “European”). If you are a European, please do not download, register, and/or use our Website, App, or Platform. If you are a resident in the United States of America (“US”), you must comply with our Terms of Service and our Privacy Policy. If you are a resident of any other country, please ensure compliance with all local laws prior to using our Website, App, or Platform.
If you have any questions regarding this Section, please email us at support@insuredmine.com.
There are monthly subscription fees (the “Service Fees”) for accessing and using our Platform and our Services. The Services include the InsuredMine customer App, chatbot, and Agency Portal.You agree to pay InsuredMine all applicable fees (“Fees”) as described in the invoice (“Invoice”) we will send you in accordance with the terms therein.
InsuredMine will use commercially reasonable efforts to provide Customer the services described below under Implementation Services, and Customer shall pay InsuredMine the Implementation Fee in accordance with the terms herein.
If your use of the Services exceeds the Service Capacity set forth in the Invoice or otherwise requires the payment of additional fees (per the terms of this Agreement), you shall be billed for such usage and you agree to pay the additional fees in the manner provided herein. InsuredMine reserves the right to change the Fees or applicable charges and to institute new charges and Fees at the end of the Initial Service Term as set forth in the Invoice or the then-current renewal term, upon thirty (30) days prior notice to you (which may be sent by email). If you believe that InsuredMine has billed you incorrectly, you must contact InsuredMine no later than sixty (60) days after the closing date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit. Inquiries should be directed to InsuredMine’s customer support department and emailed at support@insuredmine.com InsuredMine may choose to bill through an invoice, in which case, full payment for invoices issued in any given month must be received by InsuredMine thirty (30) days after the mailing date of the invoice. Unpaid amounts are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection and may result in immediate termination of the Services. You shall be responsible for all taxes associated with the Services other than U.S. taxes based on InsuredMine’s net income. In the event that we modify the subscription fee in the future, we will communicate such modification to you as per the procedure detailed under Section 21 or as otherwise specified in another agreement between InsuredMine and you.
The Services shall be available 99.9%, measured monthly, excluding holidays and weekends and scheduled maintenance. If Customer requests maintenance during these hours, any uptime or downtime calculation will exclude periods affected by such maintenance. Further, any downtime resulting from outages of third party connections or utilities or other reasons beyond Company’s control will also be excluded from any such calculation. Customer’s sole and exclusive remedy, and Company’s entire liability, in connection with Service availability shall be that for each period of downtime lasting longer than four hour, Company may credit Customer 5% of Service fees for each period of 60 or more consecutive minutes of downtime; provided that no more than one such credit will accrue per day. Downtime shall begin to accrue as soon as Customer (with notice to Company) recognizes that downtime is taking place, and continues until the availability of the Services is restored. In order to receive downtime credit, Customer must notify Company in writing within 24 hours from the time of downtime, and failure to provide such notice will forfeit the right to receive downtime credit. Such credits may not be redeemed for cash and shall not be cumulative beyond a total of credits for one (1) week of Service Fees in any one (1) calendar month in any event. Company will only apply a credit to the month in which the incident occurred. Company’s blocking of data communications or other Service in accordance with its policies shall not be deemed to be a failure of Company to provide adequate service levels under this Agreement.
| # | Category: Crisis | Category: Critical | Category: Standard |
|---|---|---|---|
| Severity | Services is inoperative or displays Errors that have a critical business impact and loss of business or service. |
Services is inoperative or displays Errors that have a critical business impact and loss of business or service. |
Services is inoperative or displays Errors that have a critical business impact and loss of business or service. |
| Response Objectives | 1 hour response by phone or email |
4 hours response by phone or email |
1 Business Day respond by phone or email |
| Resolution Objective | Same Day where commercially feasible, and 1 days otherwise |
2 business days |
Next product release |
