These Terms of Service ("Terms") govern your access to and use of the Brokermatic websites, applications, APIs, document-processing tools, and related services (collectively, the "Service"). By accessing or using the Service, you agree to these Terms on behalf of yourself and, if applicable, the company, agency, or other entity you represent ("Customer"). If you do not agree, do not use the Service.
If you are using the Service on behalf of an agency, brokerage, or other organization, you represent that you have authority to bind that organization to these Terms.
1. Acceptance of Terms
These Terms form a binding agreement between Customer and Brokermatic. The Service is intended for business and professional use in connection with insurance operations, certificate workflows, document intake, and related administrative activities. Customer is responsible for ensuring that its use of the Service complies with applicable law, regulation, professional obligations, carrier requirements, and contractual duties.
2. Eligibility and Accounts
You may use the Service only if you can form a binding contract and are authorized to do so. Customer is responsible for all activity occurring through its accounts, workspaces, and authorized users.
2.1 Account Registration
Customer must provide accurate and complete registration, billing, and contact information and keep that information current.
2.2 Authorized Users
Customer may permit employees, contractors, and other authorized personnel to use the Service on its behalf. Customer is responsible for ensuring that each authorized user complies with these Terms.
2.3 Credentials and Security
Customer must maintain the confidentiality of login credentials, API credentials, and other access mechanisms. Customer must promptly notify Brokermatic of any suspected unauthorized access, credential compromise, or misuse of the Service.
2.4 Professional Coverage
If Customer uses the Service in connection with insurance placement, certificate issuance, producer operations, or related professional services, Customer represents that it maintains any professional liability, errors and omissions, or other insurance coverage required by applicable law, regulation, carrier obligation, or commercially reasonable industry practice for its business.
3. Acceptable Use and Customer Responsibilities
Customer will use the Service only for lawful purposes and in a manner consistent with these Terms. Customer will not, and will not permit any third party to:
- use the Service to violate law, regulation, or the rights of any person;
- submit false, misleading, fraudulent, or unauthorized information;
- generate, distribute, or rely on a certificate, summary, or other output that Customer knows, or reasonably should know, reflects expired, lapsed, cancelled, rescinded, or nonexistent coverage;
- interfere with or disrupt the Service, including by introducing malicious code, probing, or unauthorized access attempts;
- reverse engineer, decompile, or attempt to derive the source code or underlying models of the Service except to the extent such restriction is prohibited by law; or
- use the Service to process Excluded Data unless Brokermatic expressly agrees in writing.
3.1 Customer Data Warranties
Customer represents and warrants that it has, and will maintain, all rights, permissions, authorizations, and lawful bases necessary to submit, upload, transmit, store, process, and instruct Brokermatic to process Customer Data through the Service. Customer is solely responsible for the accuracy, completeness, and legality of Customer Data and for any notices or consents required in connection with that data.
3.2 Excluded Data
Unless Brokermatic expressly agrees otherwise in writing, Customer will not submit to the Service: full Social Security numbers; payment card data subject to PCI DSS; protected health information regulated by HIPAA; or any other highly sensitive, restricted, or regulated data that requires specialized contractual, technical, or regulatory handling beyond the ordinary operation of the Service.
4. Fees, Trials, and Billing
Customer agrees to pay all fees specified in the applicable order form, checkout flow, quote, or other commercial terms. Fees are non-cancelable and non-refundable except as expressly stated in writing or required by law. Trial, pilot, promotional, or beta access may be subject to additional limits or conditions. Customer is responsible for applicable taxes, duties, and similar governmental assessments, excluding taxes based on Brokermatic's net income.
5. Warranty Disclaimer
THE SERVICE, INCLUDING ALL OUTPUTS, GENERATED DOCUMENTS, ANALYSES, AND RELATED CONTENT, IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, BROKERMATIC DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
Brokermatic does not warrant that the Service will be uninterrupted, error-free, secure, or available at all times, or that any output will be complete, current, compliant, or suitable for Customer's specific operational, legal, regulatory, or carrier requirements.
6. Insurance Status; Producer Responsibility
Brokermatic is a technology provider. Unless Brokermatic expressly agrees otherwise in a separate written agreement, Brokermatic is not acting as Customer's insurance producer, broker, agent, insurer, claims administrator, adjuster, lawyer, or other regulated professional. Customer remains solely responsible for reviewing, approving, issuing, and distributing any certificate, document, request response, or other output generated through the Service, and for ensuring that such output accurately reflects the underlying policy, endorsements, and related coverage information.
6.1 No Independent Verification of Coverage
Brokermatic has no duty to independently verify active coverage status, policy validity, endorsement applicability, cancellation status, lapse status, or the legal sufficiency of any certificate or other output unless Brokermatic expressly agrees to do so in a separate written agreement. Customer must independently confirm all coverage information before issuance or reliance.
7. Your Data
As between Customer and Brokermatic, Customer retains all right, title, and interest in and to Customer Data. "Customer Data" means information, documents, files, text, images, branding, communications, and other content submitted to, stored in, or processed through the Service by or on behalf of Customer.
7.1 License to Operate the Service
Customer grants Brokermatic a non-exclusive, worldwide, limited license to host, copy, store, transmit, ingest, parse, index, reformat, transform, analyze, display, reproduce, create temporary reproductions of, generate outputs from, and otherwise process Customer Data as necessary to provide, secure, maintain, support, debug, monitor, and improve the Service; perform backups and disaster recovery; prevent fraud and abuse; comply with law; enforce these Terms; and exercise Brokermatic's rights under these Terms.
This license includes the limited right to use Customer's trade names, logos, and other branding solely as necessary to render customer-branded workflows, documents, communications, portals, or user experiences requested by Customer. Brokermatic will not use Customer Data to train a general-purpose artificial intelligence or large language model for the benefit of unrelated customers unless Customer expressly authorizes that use in writing or in an executed enterprise agreement.
Upon termination or expiration of the Service, Brokermatic will generally delete or de-identify Customer Data in accordance with its standard retention practices and applicable agreements, except to the extent retention is reasonably necessary for backups, security, audit trails, fraud prevention, legal compliance, enforcement of these Terms, dispute resolution, or other documented operational exceptions.
7.2 Feedback
If Customer or its users provide suggestions, ideas, enhancement requests, or other feedback, Brokermatic may use that feedback without restriction or obligation, provided Brokermatic does not publicly attribute the feedback to Customer without permission.
7.3 Security and Privacy
Brokermatic's collection and use of personal information is described in the Privacy Policy. Brokermatic's current SOC control status is published at trust.brokermatic.ai.
8. Brokermatic Intellectual Property
Brokermatic and its licensors retain all right, title, and interest in and to the Service, including the software, interfaces, workflows, designs, text, analytics, models, and related intellectual property, together with all modifications and improvements. Except for the limited rights expressly granted in these Terms, no rights are granted to Customer by implication, estoppel, or otherwise.
9. Third-Party Services
The Service may interoperate with or depend on third-party services, infrastructure, communications providers, analytics providers, payment processors, or model providers. Brokermatic is not responsible for the acts, omissions, outages, or failures of such third parties except to the extent expressly required by law or a separate written agreement.
10. Suspension and Service Changes
Brokermatic may suspend or limit access to the Service if Brokermatic reasonably believes: (a) Customer or an authorized user has violated these Terms; (b) the Service is being used in a manner that presents a security, fraud, compliance, legal, or operational risk; or (c) suspension is required to protect the Service, Brokermatic, other customers, or third parties. Brokermatic may modify, improve, discontinue, or replace features from time to time, provided that Brokermatic will not materially reduce a paid core Service commitment during a current subscription term except as permitted by applicable commercial terms.
11. Service Output; No Third-Party Reliance
Customer understands that documents, analyses, extracted data, and other outputs generated by the Service are operational tools and do not constitute legal advice, insurance advice, or a representation by Brokermatic that coverage exists, remains in force, or satisfies any specific contractual requirement. Customer is solely responsible for reviewing and validating all outputs before use.
No third party may rely on the Service or these Terms as creating any duty, representation, warranty, or obligation owed by Brokermatic to that third party, except to the extent such disclaimer is prohibited by law. These Terms are for the sole benefit of Customer and Brokermatic and do not create any third-party beneficiary rights.
12. Indemnification
Customer will defend, indemnify, and hold harmless Brokermatic, its affiliates, and their respective officers, directors, employees, and agents from and against any third-party claims, demands, actions, proceedings, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:
- Customer Data, including any allegation that Customer Data infringes, misappropriates, violates, or otherwise harms the rights of a third party;
- Customer's use of the Service in violation of these Terms or applicable law;
- any certificate, communication, or other output reviewed, approved, issued, or distributed by or on behalf of Customer; or
- claims by data subjects, insureds, certificate holders, requesters, or other third parties relating to Customer's submission, processing, disclosure, or use of Customer Data.
13. Term, Termination, and Survival
These Terms begin when Customer first accesses or uses the Service and continue until terminated. Brokermatic may terminate or suspend these Terms or Customer's access to the Service at any time for material breach, non-payment, legal or regulatory risk, security risk, or discontinuation of the Service. Customer may stop using the Service at any time and may terminate any subscription in accordance with the applicable commercial terms.
14. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BROKERMATIC AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, OR USE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BROKERMATIC'S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS PAID OR PAYABLE BY CUSTOMER TO BROKERMATIC FOR THE SERVICE DURING THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS (US $100).
15. Governing Law and Venue
These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles. The state and federal courts located in Delaware will have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Service, and each party consents to the personal jurisdiction of those courts.
16. Contact Information
If you have questions about these Terms, please contact Brokermatic through the contact information provided on the Brokermatic website. Brokermatic's current SOC control status is published at trust.brokermatic.ai.