Terms of Service

Draft v0.1 · Effective date: [DATE] · Last updated: [DATE]

Working draft - not yet in effect. This document is a draft pending legal review. Bracketed items in square brackets are placeholders to be finalized. It does not supersede the currently operative agreement until published with an effective date.

1. Agreement to these Terms

These Terms of Service (“Terms”) govern your access to and use of the Underwrite.com platform, websites, applications, and related services (collectively, the “Service”). Underwrite.com is a service operated by [Stand Protect, Inc.] (“Stand,” “we,” “us,” or “our”).

By creating an account, accessing, or using the Service, you agree to these Terms and to our Privacy Policy, which is incorporated by reference. If you are using the Service on behalf of a brokerage, agency, or other organization, you represent that you are authorized to bind that organization, and “you” refers to both you and that organization. If you do not agree to these Terms, do not use the Service.

2. What the Service is - and what it is not

The Service is a technology platform that helps licensed insurance brokers and agents manage the placement of property insurance, including submitting and comparing information, organizing documents, and using related tools.

The Service is not an insurer and not an insurance producer. We do not underwrite, issue, bind, or sell insurance, and we do not act as an insurance agent or broker of record. We do not provide insurance, legal, financial, or tax advice. All licensed insurance activity - including advising insureds, recommending coverage, and binding policies - is performed by you and other licensed parties, not by the Service. You are solely responsible for your compliance with all insurance laws, licensing requirements, and professional obligations applicable to your activities.

3. Eligibility and accounts

To use broker-facing features, you must be a licensed insurance broker or agent (or an authorized employee or representative of one) in good standing in each jurisdiction where you operate, and you must be legally authorized to act with respect to any insured or property information you submit.

You must provide accurate registration information and keep it current. You are responsible for all activity under your account and for maintaining the confidentiality of your access credentials. Notify us promptly at [security@underwrite.com] of any unauthorized access. We may suspend or terminate accounts that we reasonably believe are inaccurate, unauthorized, or in violation of these Terms.

4. Insured and third-party data you submit

When you submit information about an insured, applicant, property, or other third party (“Submitted Data”), you represent and warrant that you have all necessary rights, consents, and authority to provide that information to the Service and to have it processed as described in these Terms and the Privacy Policy. You are responsible for the accuracy of Submitted Data and for handling it in accordance with your own obligations to your clients and under applicable law.

5. Acceptable use

You agree not to: (a) use the Service for any unlawful purpose or in violation of any insurance, privacy, or consumer-protection law; (b) submit data you are not authorized to submit; (c) misrepresent your licensing status or authority; (d) attempt to access, probe, or disrupt the Service or other users’ data; (e) reverse engineer, scrape, or copy the Service except as permitted by law; (f) resell or provide access to the Service to unauthorized third parties; or (g) use the Service to build or train a competing product. We may investigate and take appropriate action, including suspension or termination, for suspected violations.

6. Third-party and enrichment data

The Service may present property, hazard, valuation, and other data obtained from third-party data providers and public sources (“Third-Party Data”). Third-Party Data is provided “as is,” may be incomplete or inaccurate, and is licensed for use within the Service subject to the applicable provider terms. Third-Party Data is provided to support your professional judgment and must not be relied upon as the sole basis for any underwriting, pricing, coverage, or binding decision. You are responsible for independently verifying any information material to a placement.

7. Automated and AI-assisted features

The Service may include automated features, including document extraction, comparison, and summarization tools that use machine-learning models. Outputs from these features are provided for convenience only, may contain errors or omissions, and are not a substitute for reviewing the underlying policy or source documents. You are responsible for verifying any AI-generated or automated output before relying on it. We make no warranty that these features will be accurate, complete, or fit for any particular purpose.

8. Intellectual property

As between you and us, we and our licensors own all right, title, and interest in the Service, including its software, content, and trademarks. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes. You retain ownership of Submitted Data, and you grant us a license to host, process, and use it to provide and improve the Service and as described in the Privacy Policy. We may use aggregated or de-identified data that does not identify you or any individual for any lawful business purpose.

9. Confidentiality

Each party may access non-public information of the other in connection with the Service. Each party will use the other’s confidential information only to perform under these Terms and will protect it with reasonable care. This section does not limit either party’s obligations regarding insured or personal information, which are governed by the Privacy Policy and applicable law.

10. Fees

[If the Service is free during the current period, state that and reserve the right to introduce fees on notice. If fees apply, describe billing, taxes, and non-payment consequences here.]

11. Third-party services

The Service may link to or integrate with third-party services (for example, carrier systems, identity providers, or data providers). We are not responsible for third-party services, and your use of them is governed by their own terms.

12. Disclaimer of warranties

THE SERVICE AND ALL CONTENT AND DATA ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY DATA WILL BE ACCURATE OR COMPLETE.

13. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, OR DATA, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE. OUR TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED [THE GREATER OF (A) THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE 12 MONTHS BEFORE THE CLAIM, OR (B) US $100]. These limitations apply regardless of the theory of liability and even if a remedy fails of its essential purpose. [Confirm carve-outs, e.g., for confidentiality breach or indemnification, with counsel.]

14. Indemnification

You will defend, indemnify, and hold harmless Stand and its affiliates, and their respective officers, employees, and agents, from any third-party claims, damages, and expenses (including reasonable attorneys’ fees) arising out of: (a) your use of the Service; (b) Submitted Data or your handling of insured or third-party information; (c) your violation of these Terms or applicable law; or (d) your insurance or professional activities.

15. Term, suspension, and termination

These Terms apply while you use the Service. You may stop using the Service at any time. We may suspend or terminate your access, with or without notice, if you violate these Terms, if required by law or a data provider, or to protect the Service or other users. On termination, your license to use the Service ends. Sections that by their nature should survive (including §§ 8, 9, 12, 13, 14, and 16) will survive.

16. Governing law and dispute resolution

These Terms are governed by the laws of the State of [California], without regard to conflict-of-laws rules. [Choose one and confirm with counsel:]

  • [Option A - Courts] The state and federal courts located in [County, California] will have exclusive jurisdiction, and the parties consent to venue there.
  • [Option B - Arbitration] Any dispute will be resolved by binding arbitration administered by [JAMS/AAA] in [California], on an individual basis. The parties waive any right to a jury trial and to participate in a class or representative action. [Include opt-out mechanics and any required consumer-arbitration provisions if the Service has a consumer-facing flow.]

17. Changes to these Terms

We may update these Terms from time to time. If we make material changes, we will provide notice (for example, by posting the updated Terms with a new effective date or by notifying you through the Service). Your continued use after the changes take effect constitutes acceptance. Because you agree to the version of the Terms in effect at the time of use, we maintain prior versions on request.

18. Miscellaneous

These Terms, together with the Privacy Policy and any order or supplemental terms, are the entire agreement between you and us regarding the Service. If any provision is unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets. There are no third-party beneficiaries.

19. Contact

Questions about these Terms: [legal@underwrite.com] · [Stand Protect, Inc., address].