Terms of Service

1. Introduction

Welcome to the Insura Website! By using the Website you agree to be bound by the terms and conditions contained within the Terms of Service (previously "Terms of Use"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink, and our Privacy Policy and Artificial Intelligence Terms. Collectively, these form a legally binding agreement between us and you. THE TERMS OF SERVICE CONTAIN AN AGREEMENT TO ARBITRATE ALL CLAIMS AND DISCLAIMERS OF WARRANTIES AND LIABILITY.

The terms "Insura", "we," "us," or "our" mean Insura in all states. The terms "you," "customer," and "user" shall mean you, users of our Services, and any entity or organization you or such users represent. The term "Services" means, collectively, the website at www.insura.ai ("Website"), various websites, applications, widgets, information, chatbots, services, email notifications and other media, or portions of such media, through which you have accessed the Terms of Service.

2. Privacy Policy

By using our Services, you acknowledge that you have read and understand our Privacy Policy. The Terms of Service incorporate this Privacy Policy in full and, by agreeing to the Terms of Service, you agree to be bound by the terms of the Privacy Policy. You also acknowledge receipt of our Cookies Policy, which is incorporated into our Privacy Policy.

3. Artificial Intelligence Terms of Service

By using our Services, you acknowledge that you have read and understand our Artificial Intelligence Terms. The Terms of Service incorporate these Artificial Intelligence Terms in full and, by agreeing to the Terms of Service, you agree to be bound by the terms of the Artificial Intelligence Terms.

4. Your Compliance with The Terms of Service

By using our Services and visiting our Website, you voluntarily accept and consent to the Terms of Service, and your consent and acceptance is supported by sufficient and valuable consideration. You acknowledge that this consideration includes, but is not limited to, access to our Services and your ability to interact with our Services. You expressly represent that you have the capacity to agree to be bound to the Terms of Service and, given that you are acting on behalf of a business entity or other organization, agree that you have the authority to so bind that entity or organization.

5. Representation of Data Collection

You consent to and agree that Insura may collect data and Personal Data, as defined by Section 2 of our Privacy Policy, from you even though we may not be able to offer you any available products or services for purchase. Insura currently only sells products or services in a limited number of states and currently only sells limited insurance products. If you voluntarily provide us with any information about yourself or a third party, you agree that Insura reserves the right to use that data for market analysis, advertising, or other commercial purposes. This is true even if Insura cannot offer you or a third party products or services for sale at the time you provide us with this information.

When applying for a commercial automobile insurance policy, you represent that you have provided notice to and obtained consents from your employees that will allow us to obtain any motor vehicle records related to those employees to be used in underwriting decisions.

6. Consent to Receive Electronic Copies of Insurance Documents

By signing up for our Services, you consent to receive all insurance documents – including identification cards – in electronic form only to an email address you provide, except where electronic delivery is not allowed by law or regulation.

You can access your ID cards, policy documents, and related information via any contemporary web browser on an internet-connected device such as a tablet, mobile phone, or laptop. If you are unable to gain access to one of these devices, you are able to call Insura at 1-800-INSURA-1 and one of our agents can provide you with a physical copy.

7. Registration

As a condition to using certain features of our Services, we automatically create accounts for users. Your email address will be your username. Logins will require a one-time password or access to your email inbox for verification. You may not use an email address which purports to represent or impersonate a person other than yourself. We reserve the right to refuse or cancel registration of any username in our sole discretion. You are responsible for maintaining the confidentiality of your username and password. You further agree to notify us immediately, at support@insura.ai, if you become aware of any unauthorized use involving your username and/or password. You further agree to timely review and reply as appropriate, to any transactional email notices we may send you regarding your Insura account.

8. Use of Our Services

Our Services, as well as their underlying processes, related content, and generated data, may not be used for personal, family, household, informational, or non-commercial use. You may not copy, reproduce, sell, distribute, replicate, duplicate, relay, transmit, broadcast, or license our Services or their underlying processes, related content, or generate data without Insura"s express written consent. Your use of our Services is not transferable by you to any other person or entity. Your access and use of our Services may be interrupted by, without limitation, maintenance of our equipment or networks, malfunction of our equipment or networks, or inadvertently by a third party or parties. We reserve the sole right to suspend or discontinue the availability of our Services at any time in our sole discretion and without prior notice or consent.

You agree to the Insura Artificial Intelligence Terms which are incorporated by reference into these Terms of Service.

9. Prohibited Activities

You are responsible for anything you transmit to or through Insura"s Website or to Insura through email, short message service or text, voice calls, Facebook, Twitter, Yotpo Review, Google Review, chatbot, or any similar service. You represent that your transmissions to Insura are and will be truthful, accurate, not misleading, offered in good faith and that you have authority to transmit such information. In using this Website, you agree that it is solely your responsibility to avoid certain activities that we deem, at our discretion, to be prohibited. These prohibited activities include without limitation:

• Criminal activity or tortious activity, including fraud or misrepresentation, harassment, infringement or misappropriation of intellectual property, slander, libel, defamation, or use of content that is obscene, pornographic, vulgar or offensive
• Use of content that promotes discrimination, bigotry, racism, hatred, harassment, violence, or harm against any individual or group, and content that promotes illegal or harmful activities or substances
• Advertising to, or solicitation of, any user to buy or sell any products or services
• Attempting to impersonate, or impersonating, another user or entity
• Using a false email address, phone number, postal address, or contact information
• Attempting to access or search the Services or engaging in any automated use of the System
• Attempting to probe, scan, or test the vulnerability of any Insura system or network
• Interfering with, disrupting, or creating an undue burden on our Services
• Using information or scraping information from our Services for any purpose whatsoever
• Using the Services for any commercial purpose or in any manner not permitted by these Terms of Service

10. Monitoring of Services

We reserve the right, but have no obligation to, monitor our Services for your or third party violations of the Terms of Service, take appropriate legal action against anyone who violates the Terms of Service, refuse or restrict access to or availability of any user"s interaction with the Services, remove the Services, or otherwise disable all files and content at our discretion, and otherwise manage the Services in order to protect the rights and property of Insura and its customers.

11. Termination of Your Account or Use of Our Services

We may restrict, suspend, or terminate your use of or access to our Services in the event that you violate the Terms of Service and, at our sole discretion, as permitted by law. We may change the Services or content, or otherwise restrict access to all or parts of our Services without providing notice at our discretion, as permitted by law.

Your policy may be canceled or nonrenewed for reasons in accordance with state regulations including termination of the policy for a single claim or loss where allowed.

12. Content

Insura makes no representations or warranties about the suitability of the content of its Website for any purpose. Insura provides all content of its Website on an "as is" and an "as available" basis without any warranty of any kind.

13. List of Carriers & Agents We Currently Use

Insura acts as an agent that represents insurance companies to whom it will submit your insurance application and from whom it will procure your insurance coverage. The list of carriers we currently use and that might bind you are: Insura Insurance US Company; State National Insurance Company; and National Specialty Insurance Company. The list of agencies we currently use and that might represent us: Insura Insurance, Inc. Insura First Insurance Agency, Inc., AP Intego Insurance Group, LLC., and third-party agency partners.

14. Disclaimers and Limitations on Liability

Insura makes no warranty of any kind whatsoever – express or implied – with respect to the contents of its Services. INSURA HEREBY DISCLAIMS ANY AND ALL implied warranties of merchantability, title, non-infringement, and fitness for a particular purpose. You expressly agree that your use of our Services is at your sole risk. It is solely your independent duty and responsibility to verify and evaluate the accuracy, correctness, reliability and completeness of ANY Services.

Insura will not be held liable to anyone for any liability arising out of, or in any way relating to, any damages, loss, or claim whatsoever, no matter how occasioned, in connection with or arising out of access to or use of the contents of its Services. In no event shall Insura be liable for any special, indirect, exemplary, or consequential damages or any damages whatsoever, including, but not limited to, loss of use, data, or profits, without regard to the form of any action.

15. Representations and Disclaimers Related to Products or Services

Insura makes no representations, warranties, or guarantees with respect to quotes, terms, rates, coverage, or services offered to you by insurers or other third parties through Insura's Services. Any coverage recommendations made by Insura are based on a defined set of information provided by you and third party data are limited to the products and coverages that Insura offers. You acknowledge and agree that such recommendations may omit coverage that may be necessary or advisable for you.

16. Representations to Us

By using our Services, you represent and warrant to us that:

• You are at least 18 years of age
• You are authorized to purchase and bind this insurance on behalf of the entity applying for coverage
• You have not had any judgments or liens placed against you in the last three years
• You authorize Insura, as well as its agents and representatives, to obtain consumer reports covered under the Fair Credit Reporting Act

If any of the above statements are not true, you should not and are not authorized to use our Services.

17. Indemnification and Hold Harmless

By using our Services, you agree to indemnify, defend, and hold harmless Insura against any claim, cost, fine, damages, including attorneys' fees, arising from or related to your use of our Services.

18. Fees and Charges

You may choose to purchase products or services from us while using our Services, which may result in charges and fees to you, including but not limited to installment, service, and cancellation fees separate from the premium and commission that Insura may receive. We will inform you in advance of any such charge or fee. By submitting payment information for an accepted method of payment through our Services, you authorize us to charge you these agreed-upon amounts, as well as any applicable taxes to your Payment Method.

Your premium payment does not bind coverage until the insurance carrier approves your application. In the event that the insurance carrier does not approve your application, your premium payment will be refunded.

19. Financial Decisions

Our Services offer a platform that provides you with access to information and third party providers of products and services. We do not endorse or recommend any of these providers, and do not act as an agent with respect to such providers or with respect to you. You agree that you are solely responsible to investigate these providers, and that you are solely responsible and liable for any products or services they may provide you.

20. Intellectual Property Rights

Our names, graphics, and logos used in connection with our Services, service marks, icons, page headers, page layouts, scripts, and unique terminology are our trademarks and trade dress in the United States and other countries. You may not use our Proprietary Marks without our express and written permission. All software used in providing or supporting our Services is our property or the property of our software vendors and is protected by United States and international copyright laws.

21. No Third party Beneficiaries

The Terms of Service are between you and Insura, and no provision within the Terms of Service confers any implied or express right to any third party. The Terms of Service do not provide you with any authority to bind Insura in any way.

22. Assignment

You may not transfer, assign, or license your rights under the Terms of Service without our prior express and written consent.

23. Void Where Prohibited

Our Services are intended for use for those areas in the United States where we, our affiliates, our partner insurers, our brokers, or our agents are licensed and permitted to sell our products and services. Although our Services may be accessed by users in other locations, any offer or transaction for any feature, product, or service is void where prohibited by law.

24. Our Services Are Not Intended for Minors

Our Services are not directed at minors, that is, persons younger than 18 years old. If you are not at least 18 years old, please do not attempt to access our services. We do not knowingly contact or collect personal information from persons under 18 years old, and such a person should not provide us with any information.

25. Governing Law and Jurisdiction

You agree that the Terms of Service (and incorporated Privacy Policy and Cookies Policy) are governed and interpreted by the laws of the State of California without regard to principles of conflicts of law. By using our Services, you agree to personal and exclusive jurisdiction of the state and federal courts of California in order to resolve any dispute arising from your use of the Services.

26. Arbitration Agreement and Waiver of Class Remedies

(a) Arbitration Agreement

You and we agree that any "Dispute" arising out of or relating in any way to our Services, these Terms of Service, your visit to our use of our websites, any products or services offered through our websites, or the enforceability, validity, or applicability or this Arbitration Agreement or class waiver shall be finally resolved by binding arbitration following the parties' best efforts to settle such Dispute.

YOU UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND YOUR RIGHT TO BRING ANY DISPUTE AS A CLAIM OR COLLECTIVE ACTION UNDER THIS AGREEMENT.

(b) Waiver of Class Remedies

The parties agree that any arbitration shall be conducted only in their individual entity capacities, and the parties expressly forego the right or option to file or join a class action or other representative action.

(c) Exception: Litigation of Small Claims Court Claims

Notwithstanding the parties' decision to resolve all disputes through arbitration, relief may also be sought in a small claims court for disputes or claims within that court's jurisdiction—subject to the Governing Law and Jurisdiction clause of the Terms of Service.

(d) Thirty Day Right to Opt Out

You have the right to opt out and not be bound by the arbitration agreement and class action provisions of this section by sending written notice of your decision to opt out to support@insura.ai. Such notice must be sent within thirty (30) days of registering to use our Services, or else you shall be bound to arbitrate disputes in accordance with these Terms of Service.

27. No Oral Modification

The Terms of Service may not be modified through oral agreement or statements. The individual employees of Insura, Insura's partners, and Insura's third party affiliates are not authorized to modify the Terms of Service except by the mechanism stated herein.

28. Communications With Insura

In using our Services, you may choose to communicate with us by providing us with feedback, comments, questions, or proposals. Under no circumstance will your submission of information obligate Insura to pay you compensation.

When you submit contact information to us as part of an attempted or completed request for a quote or offer for goods or services, you consent to receive telephone calls, emails, text messages, mailers, or other similar communications in connection with these goods and services. This is true even if your phone number is on any "do not call" list.

29. Severability

Except as otherwise provided herein, in the event that any provision contained within the Terms of Service is deemed to be unenforceable, invalid, or ambiguous, such provision shall be limited or discarded to the minimum extent necessary so that the remaining provisions of the Terms of Service remain in full force and enforceable.

30. Non-Waiver

Neither party shall be deemed to have waived, in whole or in part, any of its rights granted herein by its failure to exercise, in whole or in part, any right herein.

31. Force Majeure

Neither party shall be responsible for any delay or failure in any performance due to acts of God, war, warlike conditions, blockade, embargoes, riots, government restriction, labor disturbances, unavailability of anticipated or usual means of supplies, wrecks, epidemics, quarantine, fire, flood, earthquake, explosion, any unforeseen change in circumstances, or any other causes beyond any party's reasonable control.

32. Entire Agreement

The Terms of Service and only those Policies or Notices expressly incorporated by reference herein constitute the entire agreement of the parties and supersede any prior or contemporaneous agreements, understandings, warranties, or understandings, whether written or oral, whether express or implied, with connection to our Services.

33. Notification of Changes

At its discretion, Insura may amend the Terms of Service from time to time. We will post any such material changes to our Website along with a notice indicating that the Terms of Service have changed at least thirty (30) days prior to the effective date of these changes, when practicable. Should we materially change the Terms of Service, you may cancel your account with us by contacting us in accordance with the Contact Insura' provision of the Terms of Service before the effective date of the modified Terms of Service.

34. Notice

In the event Insura may choose or become obligated to provide you with notices under or related to the Terms of Service, you consent to receive such notices or related communications by Insura posting them on its Website, by sending them to you via an email address you provided, at our discretion.

35. SMS / Text Messaging Program

Insura operates a text messaging program ("Insura SMS"). By opting in — for example, by checking the optional consent box on our quote-request form at insura.ai/get-quote — you consent to receive text messages from Insura. The following terms apply to that program:

• Program description: A licensed Insura agent sends one-to-one text messages about the insurance quote you requested — including carrier options, coverage questions, scheduling, and related follow-ups.
• Message frequency: Message frequency varies and depends on your interaction with us (typically about one message per request per week).
• Message and data rates may apply.
• Customer care: Reply HELP for help, or contact us at john@insura.ai or (314) 597-3944.
• Opt-out: Reply STOP at any time to unsubscribe. You will receive a confirmation and will not receive any further messages unless you reply START to resubscribe.
• Carriers are not liable for delayed or undelivered messages.
• Your mobile opt-in and consent information is never shared with third parties. See our Privacy Policy for details.

36. Contact Insura

If you have any questions about the Terms of Service or wish to notify us in relation to your use of our Services, you may contact Insura by email at support@insura.ai.