Terms of Service

These Terms of Service (the “Terms”) are a binding agreement between you and InsureGuard LLC, 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 15.

InsureGuard is a verification technology provider — not an insurance company, agent, broker, or producer. We do not sell, underwrite, bind, modify, or administer insurance, and we do not provide insurance, legal, or coverage advice.

A verification result reports what a carrier stated about a policy at the time of the call. It is not a guarantee of coverage, a certificate of insurance, or a substitute for the policy itself or for your own coverage decision. You remain responsible for how you rely on a result; coverage questions should be directed to the carrier or a licensed professional.

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.

We may offer features labeled beta, preview, early access, or experimental (“Beta Features”). Beta Features are provided “as is,” may change or be withdrawn at any time, and may be less reliable than generally available features. Any service commitments do not apply to Beta Features, and you use them at your own discretion.

We are continually improving the Service and may add, change, or remove features and may set or adjust usage limits. We will not make a material reduction to the core functionality of a paid plan during your paid term without reasonable notice. We may also suspend the Service temporarily for maintenance or to address security, legal, or operational issues.

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, accurate, or error-free, because they depend on information supplied by carriers and by you, and nothing in the Service constitutes legal, insurance, or underwriting advice (see Section 3).

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.

WITHOUT LIMITING THE FOREGOING, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, INSUREGUARD IS NOT LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM AN ERROR, INACCURACY, OMISSION, MISINTERPRETATION, DELAY, OR FAILURE IN A VERIFICATION RESULT, OR FROM YOUR RELIANCE ON A VERIFICATION RESULT — INCLUDING ANY DECISION TO RENT, DECLINE, PRICE, OR RELEASE A VEHICLE. Verification results reflect information provided by carriers and by you, are not a guarantee of coverage, and are not a substitute for your own verification and coverage decisions, for which you are solely responsible.

Some jurisdictions do not allow the exclusion or limitation of certain damages or liability; in those places, the exclusions and limitations above apply only to the extent permitted by law, and nothing in these Terms limits liability that cannot be limited under applicable law (such as for fraud or willful misconduct).

You will defend, indemnify, and hold harmless InsureGuard, InsureGuard LLC, and their affiliates, officers, and employees from and against any third-party claims, damages, liabilities, losses, and expenses (including reasonable attorneys’ fees) arising out of or relating to:

• your Customer Data or your submission of it;
• your use of, or reliance on, the Service or any verification result — including any rental, pricing, coverage, or claims decision, and any dispute with a renter, insured individual, or carrier;
• your failure to obtain any required consent, including for call recording; or
• your violation of these Terms or of 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.

You agree to receive communications from us electronically — including service, transactional, and legal notices — by email to your account address or by posting within the Service, and you agree that electronic communications satisfy any legal requirement that a communication be in writing. Keeping your account email current is your responsibility. Notices to us must be sent to info@insureguardusa.com.

You represent that you are not located in, and will not use the Service from, a country or region subject to comprehensive U.S. sanctions, and that you are not on any U.S. government restricted-party list. You agree to comply with applicable export-control and sanctions laws in your use of the Service.

Unless you tell us otherwise in writing, we may identify you as a customer and use your name and logo to refer to you on our website and in marketing, consistent with any brand guidelines you provide. You may withdraw this permission at any time by contacting us.

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.

Provisions that by their nature should survive termination — including Sections 5, 12, 15, 16, 17, 22, and this section — survive.

Questions about these Terms? Contact us at info@insureguardusa.com.