Terms of Service

Introduction

These Terms of Service ("Terms") govern your access to and use of the CoverKit platform, including our website, APIs, SDKs, documentation, and related services (collectively, the "Services") provided by CoverKit, Inc. ("CoverKit," "we," "us," or "our").

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.

1. Definitions

• "Customer" or "you" means the individual or entity that has registered for and uses the Services.
• "End User" means your customers who purchase insurance through your integration with CoverKit.
• "API" means the CoverKit application programming interface.
• "Policy" means an insurance policy issued through the CoverKit platform.
• "Premium" means the insurance premium charged for a Policy.

2. Account Registration and Access

2.1 Account Creation

To use the Services, you must create an account by providing accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

2.2 Eligibility

You must be at least 18 years old and have the legal authority to enter into these Terms. If you are using the Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

2.3 API Keys

Upon registration, we will provide you with API keys to access the Services. You must keep your API keys confidential and secure. You are responsible for all activity conducted using your API keys. If you believe your API keys have been compromised, notify us immediately at security@coverkit.io.

3. Use of Services

3.1 License Grant

Subject to your compliance with these Terms, CoverKit grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services and integrate our APIs into your applications.

3.2 Restrictions

You agree NOT to:

• Reverse engineer, decompile, or disassemble any part of the Services
• Remove, obscure, or alter any proprietary notices from the Services
• Use the Services for any illegal, fraudulent, or unauthorized purpose
• Transmit viruses, malware, or other harmful code
• Attempt to gain unauthorized access to our systems or networks
• Exceed rate limits or attempt to circumvent usage restrictions
• Use the Services to create a competing insurance platform
• Share your API keys with unauthorized third parties
• Scrape, spider, or crawl the Services using automated means

3.3 Compliance

You agree to comply with all applicable laws and regulations in your use of the Services, including but not limited to insurance regulations, data protection laws (GDPR, CCPA), consumer protection laws, and anti-money laundering requirements.

4. Insurance Products and Underwriting

4.1 Insurance Carrier Relationship

CoverKit acts as a technology platform connecting you with licensed insurance carriers. All insurance policies are underwritten and issued by our partner insurance carriers, not by CoverKit. CoverKit is a licensed insurance producer/broker (license numbers available upon request).

4.2 Quote Accuracy

Quotes provided through the API are estimates based on the information you provide. Final premiums may differ based on underwriting review. Quotes are valid for 30 days unless otherwise specified.

4.3 Policy Binding

When you bind a policy through the API, you represent that: (i) you have obtained all necessary information from the End User, (ii) the information provided is accurate and complete, and (iii) the End User has authorized the purchase of insurance.

4.4 Claims Handling

Claims are handled in accordance with the terms of the insurance policy and applicable insurance regulations. CoverKit facilitates the claims process but the ultimate claims decision rests with the insurance carrier.

5. Fees and Payment

5.1 Pricing

You agree to pay all fees associated with your use of the Services as set forth in your pricing plan. Fees include insurance premiums, platform fees, and any applicable taxes.

5.2 Payment Terms

All fees are due and payable in accordance with your billing schedule (monthly or per-policy). We accept payment via credit card or ACH transfer. Payments are processed through our payment partner, Stripe.

5.3 Late Payment

If payment is not received when due, we may suspend or terminate your access to the Services. You will be charged a late fee of 1.5% per month (or the maximum permitted by law) on any overdue amounts.

5.4 Refunds

Platform fees are non-refundable. Insurance premiums may be refundable in accordance with the policy terms and applicable insurance regulations.

5.5 Price Changes

We may change our pricing at any time. We will provide you with at least 30 days' notice before any price increase takes effect. Continued use of the Services after the effective date constitutes acceptance of the new pricing.

6. Data and Privacy

6.1 Customer Data

You retain all rights to the data you provide to the Services ("Customer Data"). You grant CoverKit a license to use, store, and process Customer Data solely to provide the Services and as described in our Privacy Policy.

6.2 Data Security

We implement industry-standard security measures to protect Customer Data. However, you acknowledge that no security measures are perfect and we cannot guarantee absolute security.

6.3 Data Processing Agreement

If you process personal data of EU residents, our Data Processing Agreement (DPA) applies. The DPA is available at coverkit.io/legal/dpa and is incorporated by reference into these Terms.

7. Intellectual Property

7.1 CoverKit IP

The Services, including all software, APIs, documentation, logos, and trademarks, are the property of CoverKit and its licensors. These Terms do not grant you any ownership rights in the Services.

7.2 Feedback

If you provide feedback, suggestions, or ideas about the Services, you grant CoverKit a perpetual, irrevocable, royalty-free license to use and incorporate such feedback without any obligation to you.

8. Service Level Agreement (SLA)

8.1 Uptime Commitment

We commit to maintaining 99.9% uptime for our API Services (excluding scheduled maintenance). Our SLA, including uptime definitions and service credits, is available at coverkit.io/legal/sla.

8.2 Scheduled Maintenance

We may perform scheduled maintenance with at least 48 hours' notice. Emergency maintenance may be performed without notice.

9. Warranties and Disclaimers

9.1 Warranties

CoverKit warrants that: (i) the Services will perform substantially as described in our documentation, and (ii) we will use commercially reasonable efforts to ensure the Services are free from viruses and malicious code.

9.2 Disclaimers

EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

CoverKit does not warrant that: (i) the Services will be uninterrupted or error-free, (ii) defects will be corrected, or (iii) the Services will meet your specific requirements.

10. Limitation of Liability

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

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

COVERKIT'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED THE FEES YOU PAID TO COVERKIT IN THE 12 MONTHS PRECEDING THE CLAIM.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you.

11. Indemnification

You agree to indemnify, defend, and hold harmless CoverKit, its affiliates, and their respective officers, directors, employees, and agents from any claims, losses, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use or misuse of the Services
• Your violation of these Terms
• Your violation of any law or regulation
• Your infringement of any third-party rights
• Inaccurate information provided to CoverKit or insurance carriers

12. Term and Termination

12.1 Term

These Terms begin on the date you first access the Services and continue until terminated by either party.

12.2 Termination by You

You may terminate these Terms at any time by closing your account and discontinuing use of the Services. You will remain liable for all fees incurred prior to termination.

12.3 Termination by CoverKit

We may suspend or terminate your access to the Services immediately if: (i) you breach these Terms, (ii) your account is 30 days past due, (iii) we are required to do so by law, or (iv) we believe your use poses a security or fraud risk.

12.4 Effect of Termination

Upon termination: (i) your license to use the Services ends immediately, (ii) you must cease all use of the Services, and (iii) active insurance policies will continue according to their terms with the insurance carrier.

13. Governing Law and Dispute Resolution

13.1 Governing Law

These Terms are governed by the laws of the State of California, without regard to its conflict of law provisions.

13.2 Arbitration

Any dispute arising out of or relating to these Terms will be resolved through binding arbitration administered by the American Arbitration Association (AAA) in San Francisco, California, in accordance with its Commercial Arbitration Rules. Judgment on the arbitration award may be entered in any court having jurisdiction.

13.3 Exceptions

Either party may seek injunctive relief in court to protect intellectual property rights or prevent unauthorized use of the Services.

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy and any other agreements referenced herein, constitute the entire agreement between you and CoverKit regarding the Services.

14.2 Modifications

We may modify these Terms at any time. We will notify you of material changes via email or through the Services. Your continued use after the effective date constitutes acceptance of the modified Terms.

14.3 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

14.4 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or our right to enforce it in the future.

14.5 Assignment

You may not assign these Terms without our prior written consent. We may assign these Terms to any affiliate or in connection with a merger, acquisition, or sale of assets.

14.6 Force Majeure

Neither party will be liable for delays or failure to perform due to causes beyond its reasonable control, including natural disasters, acts of war, or internet service provider failures.

15. Contact Information

If you have questions about these Terms, please contact us: