Terms of Service

These Terms of Service (the “Terms”) are a binding agreement between you and Amplify Marketing, which operates the InsureGuard automated insurance-verification platform (“InsureGuard”, “we”, “us”, or “our”). By accessing or using our websites, applications, or API (together, the “Service”), or by clicking to accept, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.

You must be at least 18 years old and, if you use the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

InsureGuard lets rental agencies submit auto-insurance verification requests by application or API. We place calls to insurance carriers on a recorded line, capture the coverage outcome, and return a result. Verification outcomes depend on information provided by carriers and by you; see the disclaimers in Section 12.

You must provide accurate account information and keep it current. You are responsible for safeguarding your login credentials and API keys and for all activity that occurs under your account. Notify us promptly of any unauthorized use or suspected security incident. We may suspend accounts or keys that we reasonably believe are compromised or being misused.

You retain all rights to the data you submit (“Customer Data”), including the personal information of insured individuals. You grant us a limited license to process Customer Data solely to provide, secure, and improve the Service and as described in our Privacy Policy.

You represent and warrant that, for all Customer Data you submit, you:

• have the authority and a valid legal basis to collect it and to have us process it on your behalf;
• have obtained all consents and notices required by law, including any consent required to verify an individual’s insurance and to record calls; and
• will use verification results only for lawful, authorized purposes.

As between the parties, you are the data controller for insured individuals’ personal information and we act as your processor.

You agree not to:

• submit data you are not authorized to submit, or use the Service for any unlawful purpose;
• use verification results or call recordings in violation of applicable law, including consumer-protection, privacy, and call-recording laws;
• attempt to disrupt, overload, reverse engineer, or gain unauthorized access to the Service;
• exceed documented API rate limits or circumvent usage controls; or
• use the Service to harass, defraud, or harm any person.

Verification calls are recorded and begin with a recorded-line notice. You are solely responsible for determining and complying with the call-recording, two-party consent, and wiretapping laws applicable to the insured individuals and carriers involved, and for obtaining any required consents before a call is placed.

Paid plans are billed in advance on a recurring monthly basis through our payment processor (Stripe). Each plan includes a set number of verifications; verifications beyond that allowance are billed as metered overage at the per-verification rate shown on our pricing page or in your plan. Fees are exclusive of taxes, which you are responsible for. Subscriptions renew automatically until canceled. Except where required by law, fees are non-refundable. If a payment fails, we may suspend or downgrade the Service. We may change pricing on a prospective basis with reasonable notice.

API access is authenticated with keys issued to your account. Keep keys confidential; you are responsible for requests made with your keys. We may apply rate limits and may throttle or suspend access to protect the Service or prevent abuse.

The Service, including its software, design, and content (excluding Customer Data), is owned by InsureGuard and its licensors and is protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable right to use the Service during your subscription. We welcome feedback and may use it without restriction or obligation to you.

The Service integrates with third parties (for example, telephony, transcription, payment, hosting, and email providers) and interacts with insurance carriers. We are not responsible for the acts, omissions, availability, or accuracy of third parties, including information provided by carriers during a verification call.

Each party may access the other’s confidential information in connection with the Service and agrees to use it only as needed to perform under these Terms and to protect it with reasonable care.

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not warrant that verification results are complete or accurate, as they depend on information supplied by carriers and by you, and nothing in the Service constitutes legal, insurance, or underwriting advice.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, INSUREGUARD AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, OR DATA. OUR TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

You will defend, indemnify, and hold harmless InsureGuard and its affiliates from and against any claims, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising out of your Customer Data, your use of the Service, your failure to obtain required consents, or your violation of these Terms or applicable law.

These Terms apply while you use the Service. You may stop using the Service and cancel your subscription at any time. We may suspend or terminate access for breach of these Terms, non-payment, or as needed to protect the Service or comply with law. On termination, your right to use the Service ends; we will make Customer Data available for export for a reasonable period and then delete or anonymize it in accordance with our Privacy Policy, unless retention is required by law.

These Terms are governed by the laws of the State of Florida, United States, without regard to conflict-of-laws rules. The state and federal courts located in Florida will have exclusive jurisdiction over any dispute not otherwise resolved, and you consent to their jurisdiction and venue. The parties will first attempt to resolve any dispute informally by contacting each other.

We may update these Terms from time to time. When we do, we will revise the “Last updated” date above and, where appropriate, provide additional notice. Your continued use of the Service after an update constitutes acceptance of the revised Terms.

These Terms, together with the Privacy Policy and any order or plan you accept, are the entire agreement between you and us regarding the Service. If any provision is held unenforceable, the remaining provisions remain in effect. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. Our failure to enforce a provision is not a waiver. Neither party is liable for delays or failures caused by events beyond its reasonable control.

Questions about these Terms? Contact us at danilo@amplifymarketingfl.com.