Terms of Service

Last updated: January 2025

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and OpenINS ("Company," "we," "us," or "our") governing your access to and use of the OpenINS platform, website, and services (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.

2. Description of Services

OpenINS provides an insurance asset management platform that enables users to:

  • Manage insurance assets and Statements of Value (SOV)
  • Create and administer insurance policies
  • Process transactions between clients, brokers, and carriers
  • Extract data from documents using AI-powered tools
  • Access reporting and analytics features

3. Account Registration

3.1 Account Creation

To use certain features of our Services, you must register for an account. You agree to provide accurate, current, and complete information during registration and to update such information as necessary.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:

  • Use a strong, unique password
  • Enable multi-factor authentication when available
  • Notify us immediately of any unauthorized access or security breach
  • Not share your account credentials with others

3.3 Account Types

Different account types (Admin, Client, Broker, Carrier) have different permissions and capabilities within the platform. You agree to use your account only for its intended purpose and within your authorized role.

4. Acceptable Use

You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree NOT to:

  • Violate any applicable laws, regulations, or third-party rights
  • Upload false, misleading, or fraudulent information
  • Attempt to gain unauthorized access to any part of the Services
  • Interfere with or disrupt the Services or servers
  • Use automated systems (bots, scrapers) without our permission
  • Reverse engineer, decompile, or disassemble the Services
  • Use the Services to transmit malware or harmful code
  • Impersonate another person or entity
  • Use the Services for any purpose other than legitimate insurance business activities

5. User Content and Data

5.1 Your Content

You retain ownership of all data, documents, and content you upload to the Services ("User Content"). By uploading User Content, you grant us a limited license to process, store, and display such content solely to provide the Services.

5.2 Accuracy of Data

You are solely responsible for the accuracy and completeness of the data you enter or upload. OpenINS does not verify the accuracy of insurance data and is not liable for decisions made based on inaccurate data.

5.3 AI-Extracted Data

Our AI extraction features are designed to assist with data entry but may not be 100% accurate. You are responsible for reviewing and validating all extracted data before committing it to your records.

6. Intellectual Property

6.1 Our Intellectual Property

The Services, including all software, designs, text, graphics, and other content (excluding User Content), are owned by OpenINS and protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works without our express permission.

6.2 Feedback

If you provide suggestions, ideas, or feedback about the Services, you grant us the right to use such feedback without restriction or compensation.

7. Fees and Payment

7.1 Subscription Fees

Certain features of the Services may require payment of fees. You agree to pay all applicable fees as described in your subscription plan.

7.2 Billing

Fees are billed in advance on a monthly or annual basis, depending on your plan. You authorize us to charge your payment method for all fees incurred.

7.3 Refunds

Fees are generally non-refundable except as required by law or as explicitly stated in writing. Contact us for refund requests.

8. Confidentiality

We will maintain the confidentiality of your User Content and will not disclose it to third parties except as necessary to provide the Services, as directed by you through platform workflows, or as required by law. You agree to maintain the confidentiality of any proprietary information about our Services.

9. Third-Party Services

The Services may integrate with or link to third-party services. We are not responsible for the content, accuracy, or practices of third-party services. Your use of third-party services is subject to their respective terms and policies.

10. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

  • MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
  • NON-INFRINGEMENT
  • ACCURACY, RELIABILITY, OR COMPLETENESS OF CONTENT
  • UNINTERRUPTED OR ERROR-FREE OPERATION
  • SECURITY OF DATA TRANSMITTED THROUGH THE SERVICES

We do not warrant that the Services will meet your specific requirements or expectations.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OPENINS SHALL NOT BE LIABLE FOR:

  • INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
  • LOSS OF PROFITS, DATA, BUSINESS, OR GOODWILL
  • DAMAGES RESULTING FROM YOUR USE OR INABILITY TO USE THE SERVICES
  • DAMAGES RESULTING FROM UNAUTHORIZED ACCESS TO YOUR DATA

OUR TOTAL LIABILITY FOR ALL CLAIMS SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

12. Indemnification

You agree to indemnify, defend, and hold harmless OpenINS and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from your use of the Services, your User Content, your violation of these Terms, or your violation of any third-party rights.

13. Termination

13.1 Termination by You

You may terminate your account at any time by contacting us or using the account settings. Upon termination, your right to use the Services will cease immediately.

13.2 Termination by Us

We may suspend or terminate your access to the Services at any time, with or without cause, including for violation of these Terms. We will provide notice when practicable.

13.3 Effect of Termination

Upon termination, you may request export of your data within 30 days. After this period, we may delete your data in accordance with our data retention policies.

14. Dispute Resolution

Any disputes arising from these Terms or your use of the Services shall be resolved through:

  1. Informal Resolution: Contact us first to attempt to resolve the dispute informally.
  2. Binding Arbitration: If informal resolution fails, disputes shall be resolved through binding arbitration in accordance with applicable arbitration rules.
  3. Class Action Waiver: You agree to resolve disputes on an individual basis and waive any right to participate in class actions.

15. General Provisions

15.1 Governing Law

These Terms shall be governed by the laws of the State of Delaware, without regard to conflict of law principles.

15.2 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and OpenINS regarding the Services.

15.3 Severability

If any provision of these Terms is found unenforceable, the remaining provisions will continue in effect.

15.4 Waiver

Our failure to enforce any right or provision shall not be deemed a waiver of such right or provision.

15.5 Assignment

You may not assign these Terms without our consent. We may assign our rights and obligations without restriction.

16. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms and updating the "Last updated" date. Your continued use of the Services after changes constitutes acceptance of the modified Terms.

17. Contact Information

For questions about these Terms, please contact us:

  • Email: legal@open-ins.com
  • General Inquiries: hello@open-ins.com