Terms of Service

1. Acceptance of Terms and Definitions

1.1 Agreement to Terms

By accessing, browsing, or using the Risk FabrIQ website, software, applications, APIs, or related services (collectively, the "Services"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms") and our Privacy Policy, which is incorporated herein by reference.

If you are using the Services on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms, and "you" will refer to both you and that organization.

1.2 Definitions

• "Services" means Risk FabrIQ, including all software, applications, websites, APIs, documentation, and related services provided by us.
• "User," "you," or "your" means any individual or entity that accesses or uses the Services.
• "Company," "we," "us," or "our" means Risk FabrIQ and its affiliates, subsidiaries, and related entities.
• "Content" means all data, information, text, graphics, images, software, and other materials provided through the Services.
• "User Content" means any content, data, or information that you submit, upload, or transmit through the Services.
• "Insurer" means insurance companies, carriers, or underwriters that use or integrate with the Services.
• "Broker" means insurance brokers, agents, or intermediaries that use the Services.

1.3 Modifications to Terms

We reserve the right to modify these Terms at any time. Material changes will be notified by posting the updated Terms on this page with an updated "Last Updated" date, and, for registered users, by email. Your continued use of the Services after such modifications constitutes acceptance of the modified Terms. If you do not agree to the modified Terms, you must discontinue use of the Services.

2. Description of Services

2.1 Platform Services

Risk FabrIQ provides enterprise-grade software and technology services designed to support insurance placement, workflow automation, regulatory compliance monitoring, and related insurance operations. Our Services include:

• Insurance workflow management and automation tools
• Multi-country insurance placement support
• Regulatory compliance monitoring and reporting features
• Data quality and management tools
• API and integration services
• Analytics and reporting capabilities
• Related technical support and services

2.2 What We Are Not

Important: We are a technology platform provider, not an insurance company, insurance broker, or insurance agent. We do not:

• Provide insurance coverage or underwrite insurance risks
• Act as an insurance broker, agent, or intermediary
• Provide insurance advice or recommendations
• Make insurance placement decisions
• Guarantee insurance coverage or policy terms
• Assume any insurance risk or liability

Insurance services are provided by licensed insurers and brokers. You are responsible for all insurance decisions and relationships with insurers and brokers.

2.3 Service Availability

We strive to maintain high availability of our Services. However, we do not guarantee uninterrupted, error-free, or secure operation of the Services. The Services may be temporarily unavailable due to:

• Scheduled maintenance and updates
• Unscheduled maintenance or technical issues
• Force majeure events
• Third-party service provider issues
• Regulatory or legal requirements

3. Eligibility and Account Registration

3.1 Eligibility

You must be at least 18 years of age (or the age of majority in your jurisdiction, if higher) and have the legal capacity to enter into binding contracts to use the Services. By using the Services, you represent and warrant that you meet these eligibility requirements.

3.2 Account Registration

To access certain features of the Services, you may be required to create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security and confidentiality of your account credentials
• Notify us immediately of any unauthorized access or use of your account
• Accept responsibility for all activities that occur under your account

3.3 Account Suspension and Termination

We reserve the right to suspend or terminate your account at any time, with or without notice, if you violate these Terms, engage in fraudulent or illegal activity, or for any other reason we deem necessary to protect the Services or other users.

4. User Obligations and Acceptable Use

4.1 Compliance with Laws

You agree to use the Services in compliance with all applicable laws, regulations, rules, and industry standards, including but not limited to:

• Data protection and privacy laws (GDPR, PIPL, LGPD, CCPA, etc.)
• Insurance regulatory requirements in all jurisdictions where you operate
• Anti-money laundering (AML) and sanctions regulations
• Export control and trade sanctions laws
• Intellectual property laws
• Consumer protection laws
• Other applicable local, state, national, and international laws

4.2 Insurance Regulatory Compliance

Critical: You are solely responsible for ensuring that your use of the Services complies with all applicable insurance laws, regulations, and licensing requirements in all jurisdictions where you operate, including:

• Obtaining and maintaining all required insurance licenses and authorizations
• Complying with insurance regulatory requirements (e.g., NAIC, FCA/PRA, BaFin, etc.)
• Meeting solvency and capital requirements
• Complying with insurance distribution regulations (e.g., IDD in EU)
• Meeting reporting and disclosure obligations
• Complying with insurance contract law requirements

Our platform includes features designed to support regulatory compliance, but we do not guarantee that your use of the Services will result in compliance with any specific regulatory requirements. You should consult with qualified legal and regulatory advisors in your jurisdiction.

4.3 Prohibited Uses

You agree not to:

• Use the Services for any unlawful purpose or in violation of any applicable law
• Violate or infringe upon the rights of others, including intellectual property rights
• Transmit any malicious code, viruses, or harmful software
• Attempt to gain unauthorized access to the Services or related systems
• Interfere with or disrupt the Services or servers
• Use automated systems to access the Services without authorization
• Reverse engineer, decompile, or disassemble any part of the Services
• Remove or alter any proprietary notices or labels
• Use the Services to compete with us or develop competing services
• Collect or harvest information about other users
• Impersonate any person or entity or misrepresent your affiliation

4.4 User Content

You retain ownership of User Content you submit through the Services. However, by submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, and distribute such User Content solely for the purpose of providing and improving the Services.

You represent and warrant that you have all necessary rights to grant this license and that your User Content does not violate any third-party rights or applicable laws.

5. Intellectual Property Rights

5.1 Our Intellectual Property

The Services, including all software, code, designs, graphics, text, images, logos, trademarks, and other content, are owned by us or our licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws. All rights not expressly granted are reserved.

5.2 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes in accordance with these Terms and any applicable service plan or agreement.

5.3 Restrictions

You may not copy, modify, distribute, sell, lease, sublicense, or create derivative works of the Services or any part thereof, except as expressly permitted by these Terms or with our prior written consent.

6. Compliance and Regulatory Framework

6.1 Compliance Features

Our platform includes features designed to support compliance with various regulatory requirements, including:

• Data protection and privacy law compliance (GDPR, PIPL, LGPD, CCPA, etc.)
• Insurance regulatory compliance monitoring
• Regulatory reporting capabilities
• Data quality and standardization tools
• Audit trail and record-keeping features

6.2 No Compliance Guarantee

Important Disclaimer: While our platform includes features designed to support regulatory compliance, we do not guarantee that your use of the Services will result in compliance with any specific legal, regulatory, or industry requirements. Compliance depends on numerous factors, including:

• Proper implementation and configuration of the Services
• Your specific use case and business practices
• Applicable laws and regulations in your jurisdiction
• Changes in laws and regulations
• Interpretation of regulatory requirements

You are solely responsible for ensuring compliance with all applicable laws, regulations, and industry standards. You should consult with qualified legal, regulatory, and compliance advisors in your jurisdiction.

6.3 Regulatory Changes

Laws and regulations change frequently. We strive to update our Services to reflect regulatory changes, but we do not guarantee that our Services will always reflect the most current regulatory requirements. You are responsible for staying informed about applicable regulatory changes and ensuring your continued compliance.

6.4 Security Standards

Our Services are designed to align with industry security standards, including ISO 27001:2022 and SOC 2 Type II. However, security standards and certifications are subject to ongoing review and may change. We do not guarantee continuous certification or compliance with any specific security standard.

7. Data Protection and Privacy

Our collection, use, and processing of your personal information is governed by our Privacy Policy, which is incorporated herein by reference. By using the Services, you consent to our data practices as described in the Privacy Policy.

You are responsible for ensuring that any personal information you provide or process through the Services is collected and processed in compliance with applicable data protection laws, including obtaining necessary consents and providing required notices.

8. Fees and Payment Terms

8.1 Service Fees

Certain features of the Services may be subject to fees as set forth in your service plan or agreement. All fees are stated in the currency specified in your agreement and are exclusive of applicable taxes.

8.2 Payment Terms

Fees are due in accordance with your service plan. We may suspend or terminate your access to paid features for non-payment. All fees are non-refundable except as required by law or as expressly stated in your service agreement.

8.3 Price Changes

We reserve the right to modify our pricing with reasonable notice. Price changes will not affect fees already paid or fees for the current billing period.

9. Disclaimers

9.1 Service Disclaimers

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
• NON-INFRINGEMENT
• UNINTERRUPTED OR ERROR-FREE OPERATION
• ACCURACY, RELIABILITY, OR COMPLETENESS OF INFORMATION
• SECURITY OR FREEDOM FROM VIRUSES OR MALICIOUS CODE

9.2 Insurance and Regulatory Disclaimers

Critical Disclaimers:

• We do not provide insurance services, insurance advice, or insurance recommendations
• We do not guarantee that your use of the Services will result in compliance with any insurance regulatory requirements
• We do not guarantee the availability, terms, or pricing of insurance products
• We do not assume any insurance risk or liability
• Insurance decisions and relationships are solely your responsibility
• You should consult with qualified insurance and regulatory advisors

9.3 Performance Disclaimers

Performance metrics, results, and outcomes may vary significantly based on individual use cases, configurations, data quality, and other factors. Past performance does not guarantee future results. We do not guarantee specific performance outcomes or results.

9.4 Third-Party Services

The Services may integrate with or link to third-party services, including insurers, payment processors, and other service providers. We are not responsible for the availability, accuracy, or practices of third-party services. Your use of third-party services is subject to their respective terms and conditions.

10. Limitation of Liability

10.1 General Limitation

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MULTINATIONAL INSURANCE PLATFORM, ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES
• LOSS OF OR DAMAGE TO REPUTATION OR GOODWILL
• COST OF PROCUREMENT OF SUBSTITUTE SERVICES
• BUSINESS INTERRUPTION OR LOSS OF USE
• INSURANCE CLAIMS, LOSSES, OR LIABILITIES
• REGULATORY FINES, PENALTIES, OR SANCTIONS
• OTHER INTANGIBLE LOSSES

ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10.2 Total Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES SHALL NOT EXCEED THE GREATER OF:

• The amount you paid to us for the Services in the twelve (12) months preceding the claim, or
• One hundred dollars (USD $100)

10.3 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability is limited to the maximum extent permitted by applicable law. Nothing in these Terms excludes or limits our liability for:

• Death or personal injury caused by our negligence
• Fraud or fraudulent misrepresentation
• Any other liability that cannot be excluded or limited under applicable law

10.4 Insurance-Related Liability

Important: We are not liable for any insurance-related losses, claims, damages, or liabilities, including but not limited to:

• Denied insurance claims
• Insurance coverage gaps or exclusions
• Insurance policy terms or conditions
• Insurance regulatory violations or penalties
• Insurance underwriting decisions
• Any other insurance-related matters

11. Indemnification

You agree to indemnify, defend, and hold harmless Risk FabrIQ, its affiliates, subsidiaries, officers, directors, employees, agents, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use or misuse of the Services
• Your violation of these Terms
• Your violation of any applicable law, regulation, or third-party right
• Your User Content
• Your insurance operations, decisions, or relationships
• Your failure to comply with insurance regulatory requirements
• Any claims by third parties relating to your use of the Services

We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of such claims.

12. Termination

12.1 Termination by You

You may terminate your account and stop using the Services at any time by contacting us or using account termination features, if available.

12.2 Termination by Us

We may suspend or terminate your access to the Services immediately, without prior notice, if:

• You violate these Terms
• You engage in fraudulent, illegal, or harmful activity
• You fail to pay applicable fees
• We are required to do so by law or regulatory authority
• We discontinue the Services
• For any other reason we deem necessary to protect the Services or other users

12.3 Effect of Termination

Upon termination, your right to use the Services will immediately cease. We may delete your account and User Content, subject to our data retention obligations under applicable law. Provisions of these Terms that by their nature should survive termination will survive, including Sections 5 (Intellectual Property), 9 (Disclaimers), 10 (Limitation of Liability), 11 (Indemnification), and 15 (Governing Law).

13. Dispute Resolution

13.1 Informal Resolution

Before initiating formal dispute resolution, you agree to contact us to attempt to resolve any dispute informally. We will attempt to resolve disputes in good faith.

13.2 Jurisdiction and Venue

These Terms are governed by the laws of [Primary Jurisdiction], without regard to conflict of law principles. For disputes not subject to mandatory arbitration, you agree to submit to the exclusive jurisdiction of the courts located in [Primary Jurisdiction].

Note: The governing law and jurisdiction may vary based on your location and applicable law. Certain jurisdictions may have mandatory consumer protection laws that apply regardless of choice of law provisions.

13.3 Arbitration (Where Applicable)

For users in certain jurisdictions, disputes may be resolved through binding arbitration in accordance with [Arbitration Rules], except where prohibited by applicable law. Arbitration will be conducted in [Location] and in the English language, unless otherwise required by applicable law.

Class Action Waiver: To the maximum extent permitted by applicable law, you agree that disputes will be resolved on an individual basis and waive any right to participate in class actions, consolidated proceedings, or representative actions.

13.4 Exceptions

Nothing in this section prevents either party from seeking injunctive relief or other equitable remedies in any court of competent jurisdiction to protect intellectual property rights or prevent irreparable harm.

14. Export Control and Sanctions

The Services may be subject to export control and trade sanctions laws and regulations. You agree to comply with all applicable export control and sanctions laws, including but not limited to:

• U.S. Export Administration Regulations (EAR)
• U.S. International Traffic in Arms Regulations (ITAR)
• U.S. Office of Foreign Assets Control (OFAC) sanctions
• EU export control and sanctions regulations
• UN Security Council sanctions
• Other applicable export control and sanctions laws

You represent and warrant that you are not located in, under the control of, or a national or resident of any country or territory subject to comprehensive sanctions, and that you are not on any sanctions list.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy and any service-specific agreements, constitute the entire agreement between you and us regarding the Services and supersede all prior agreements and understandings.

15.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect, and the invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.

15.3 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision. Any waiver must be in writing and signed by us.

15.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

15.5 Force Majeure

We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, government actions, internet failures, or other force majeure events.

15.6 Language

These Terms are provided in English. If these Terms are translated into other languages, the English version will control in the event of any conflict or discrepancy.

15.7 Notices

Notices to you may be sent via email to the address associated with your account or posted on our website. Notices to us should be sent to the contact information provided in Section 16.

16. Contact Information

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

General Inquiries:
Email: support@riskfabriq.com

Legal Matters:
Email: legal@riskfabriq.com

Compliance and Regulatory:
Email: compliance@riskfabriq.com

17. Jurisdiction-Specific Terms

Certain jurisdictions may have mandatory consumer protection laws or other legal requirements that cannot be waived or modified by these Terms. Where such laws apply, they will take precedence over conflicting provisions in these Terms to the extent necessary to comply with applicable law.

European Union/EEA/UK: If you are a consumer in the EEA or UK, you may have additional rights under consumer protection laws that cannot be excluded by these Terms.

Australia: If you are a consumer in Australia, the Australian Consumer Law may provide you with certain guarantees that cannot be excluded.

Other Jurisdictions: Similar consumer protection laws may apply in other jurisdictions. These Terms are intended to comply with applicable law while preserving our rights to the maximum extent permitted.