Terms of Service

1. Acceptance of Terms

By creating an account, accessing, or using the Service, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree, do not use the Service. You must be at least 18 years old. If you accept these Terms on behalf of a company or agency, you represent that you have authority to bind that organization, and "you" refers to that organization.

2. Description of the Service

InsureRecord provides AI-powered receptionist and chatbot software that can answer calls and chats, respond to common questions, capture and qualify leads, schedule appointments, and route conversations based on the configuration and information you provide. The Service is an automation tool. It does not provide insurance, legal, tax, or financial advice, and it does not bind coverage, issue policies, or make underwriting decisions. AI-generated output may be incomplete or inaccurate and should be reviewed by a qualified person before being relied upon.

3. User Accounts

• You must provide accurate, current, and complete registration information and keep it updated.
• You are responsible for safeguarding your credentials and for all activity that occurs under your account.
• You must notify us promptly at randy@insurerecord.com of any unauthorized use or suspected security incident.
• You are responsible for the acts and omissions of any users you invite or permit to access your account.
• Accounts are for your organization's internal business use and may not be shared, resold, or transferred without our written consent.

4. Your Content and Responsibilities

"Your Content" means the information you or your end users submit to or generate through the Service, including configuration content, call audio, transcripts, chat messages, summaries, and lead records. You retain ownership of Your Content. You grant us a limited, worldwide, non-exclusive license to host, process, transmit, and display Your Content solely to operate and support the Service for you.

You represent and warrant that:

• You have all rights and permissions necessary to submit Your Content.
• You will obtain any notice or consent required by applicable law before recording, transcribing, or otherwise processing a conversation, including all-party consent where required.
• Your use complies with all applicable laws and regulations, including telephone consumer protection, call recording, marketing, insurance licensing, and data protection requirements.
• You will not submit Protected Health Information. The Service is not HIPAA-compliant and is not intended for the creation, receipt, maintenance, or transmission of PHI.

5. Acceptable Use

You agree not to, and not to permit anyone else to:

• Use the Service for any unlawful, deceptive, fraudulent, harassing, or abusive purpose.
• Send unsolicited or unlawful telemarketing, spam, or robocalls, or otherwise misuse telephony features.
• Misrepresent the AI as a licensed insurance professional, or use it to make binding coverage representations.
• Upload malicious code or interfere with, disrupt, probe, scan, or test the security of the Service or its infrastructure.
• Reverse engineer, decompile, or attempt to extract source code, models, or prompts, except where such restriction is prohibited by law.
• Copy, resell, sublicense, rent, or provide the Service to third parties as a competing or white-label offering without our written consent.
• Circumvent usage limits, rate limits, or access controls, or use automated means to scrape the Service.
• Infringe the intellectual property, privacy, or other rights of any person.

We may investigate suspected violations and may suspend access where necessary to protect the Service, our users, or third parties.

6. Subscriptions, Fees, and Billing

Paid plans are billed in advance on a recurring basis (monthly or annually, as selected) and renew automatically until canceled. Fees, included usage, and any overage rates are those presented at the time of purchase. Payments are processed by our third-party payment processor, and your purchase is also subject to that processor's buyer terms.

• You authorize recurring charges to your payment method until you cancel.
• You may cancel at any time; cancellation takes effect at the end of the then-current billing period.
• Except where required by law or expressly stated otherwise, fees are non-refundable and we do not provide credits for partial periods or unused capacity.
• Fees exclude taxes; you are responsible for applicable taxes other than our income taxes.
• We may change pricing with at least 30 days' notice, effective at your next renewal.
• We may suspend the Service for non-payment after providing notice and a reasonable opportunity to cure.

7. Intellectual Property

The Service, including all software, models, prompts, workflows, interfaces, documentation, trademarks, and branding, is owned by InsureRecord or its licensors and is protected by intellectual property laws. Subject to these Terms and payment of applicable fees, we grant you a limited, revocable, non-exclusive, non-transferable right to access and use the Service for your own internal business purposes during your subscription term. All rights not expressly granted are reserved. If you send us suggestions or feedback, you grant us a perpetual, royalty-free license to use it without obligation to you.

8. Third-Party Services

The Service may interoperate with third-party services such as telephony carriers, calendars, CRMs, AI providers, and payment processors. Your use of those services is governed by their terms, and we are not responsible for their availability, accuracy, or actions. Disabling a third-party integration may limit functionality.

9. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT ANY AI OUTPUT WILL BE ACCURATE OR COMPLETE, OR THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR ENSURE REGULATORY COMPLIANCE. YOU ARE SOLELY RESPONSIBLE FOR REVIEWING AI OUTPUT AND FOR DECISIONS MADE BASED ON IT.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, INSURERECORD WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, LEADS, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS. THESE LIMITATIONS DO NOT APPLY TO LIABILITY THAT CANNOT BE LIMITED BY LAW.

11. Indemnification

You agree to defend, indemnify, and hold harmless InsureRecord and its owners, personnel, and providers from any claims, damages, liabilities, penalties, and reasonable legal fees arising out of or related to: (a) Your Content; (b) your use of the Service; (c) your violation of these Terms or applicable law, including call recording, consent, telemarketing, insurance, or privacy laws; or (d) your submission of Protected Health Information.

12. Term, Suspension, and Termination

These Terms remain in effect while you use the Service. You may terminate at any time by canceling your subscription and ceasing use. We may suspend or terminate your access for material breach of these Terms, non-payment, security or fraud risk, legal requirement, or discontinuation of the Service. Upon termination, your license ends immediately; you may export Your Content for 30 days, after which we may delete it in accordance with our Privacy Policy. Sections that by their nature should survive termination will survive.

13. Governing Law and Disputes

These Terms are governed by the laws of the State of California, excluding its conflict-of-laws rules, and the parties submit to the exclusive jurisdiction of the state and federal courts located in California for any dispute not otherwise subject to informal resolution. Before filing a claim, you agree to contact us at randy@insurerecord.com and attempt to resolve the dispute informally for at least 30 days. Each party waives any right to a trial by jury and to participate in a class or representative action to the extent permitted by law.

14. Changes to These Terms

We may modify these Terms from time to time. We will update the "Last updated" date and, for material changes, provide notice by email or within the Service at least 30 days before they take effect where practicable. Continued use of the Service after the effective date constitutes acceptance. If you do not agree, stop using the Service and cancel your subscription.

15. General

These Terms, together with the Privacy Policy and any order or plan you purchase, are the entire agreement between us regarding the Service. If any provision is found unenforceable, the remainder stays 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 in connection with a merger, acquisition, or sale of assets. Neither party is liable for delays caused by events beyond its reasonable control. No agency, partnership, or employment relationship is created by these Terms.

16. Contact Information

Questions about these Terms can be sent to:

Randy Frankel
InsureRecord
randy@insurerecord.com