1. Acceptance of Terms
These Terms of Service ("Terms") govern your access to and use of Acumenly's software platform and related services (the "Service") provided by Acumenly ("Acumenly", "we", "us", or "our"). By creating an account or otherwise using the Service, you agree to be bound by these Terms.
2. Description of the Service
Acumenly is a software-as-a-service platform for property and casualty insurance agencies. The Service includes production tracking, compensation administration, book mining, gamification, reporting, and related agency-management tools.
3. Account Registration
To use the Service, you must create an account, verify your email address, and verify your phone number. You agree to provide accurate and complete information and to keep that information current. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us promptly at admin@acumenly.com if you suspect unauthorized access.
4. Subscriptions, Trial, and Billing
Trial. New agencies receive a 60-day free trial of the Service. We capture a payment method at signup to enable a seamless transition to a paid subscription if you continue. No charges are made during the trial. You may cancel before the trial ends and you will not be charged.
Subscription. After the trial, billing begins on the plan you selected. Plans are billed monthly or annually as elected, in advance, until cancelled. All fees are non-refundable except where required by law.
Payment. Payments are processed by Stripe. By providing payment information, you authorize us to charge the applicable fees to your chosen method.
Cancellation. You may cancel your subscription at any time from your account settings or by contacting admin@acumenly.com. Cancellations take effect at the end of the current billing period.
Changes to pricing. We may change pricing on prospective basis with reasonable notice (at least 30 days) before any change takes effect for your subscription.
5. Acceptable Use
You agree not to:
- Use the Service to violate any applicable law or regulation, including insurance, telemarketing, or data-protection laws.
- Use the Service to send unsolicited communications or content for which you have not obtained the recipient's consent.
- Reverse-engineer, decompile, or attempt to extract source code from the Service.
- Resell, sublicense, or provide the Service to third parties as a standalone product.
- Interfere with the Service's operation or attempt to gain unauthorized access to it or any related systems.
- Upload or transmit malicious code, or use the Service to compromise the security of any third party.
6. Customer Data
You retain ownership of all data you submit to the Service ("Customer Data"). You grant Acumenly a limited license to host, process, and transmit Customer Data solely as necessary to provide the Service. You represent that you have the rights necessary to submit Customer Data to the Service and that the Customer Data does not infringe the rights of any third party.
7. Intellectual Property
The Service, including its software, interfaces, designs, and content (excluding Customer Data), is the property of Acumenly and its licensors and is protected by intellectual property laws. These Terms do not grant you any right or license to Acumenly's trademarks or other intellectual property except the limited right to use the Service as expressly described.
8. Communications
By creating an account, you agree to receive transactional communications from Acumenly (account verification, security alerts, billing notices, service updates). Communications may be delivered by email and SMS. SMS messaging is described in our Privacy Policy; you may opt out of SMS by replying STOP, subject to the impact described there.
9. Third-Party Services
The Service integrates with third-party providers (including Supabase, Stripe, Twilio, SendGrid, and Microsoft Azure) that we use to deliver functionality. Your use of those providers' services through Acumenly is also subject to their respective terms and privacy policies, where applicable.
10. Termination
You may stop using the Service and cancel your subscription at any time. We may suspend or terminate your access to the Service if you materially breach these Terms, if your payment fails after reasonable notice, or if continued service would expose Acumenly to legal or security risk.
Upon termination, your right to use the Service ends. We will provide a reasonable opportunity to export Customer Data before permanent deletion, except where prohibited by law.
11. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
12. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, ACUMENLY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUE, ARISING OUT OF OR RELATED TO THE SERVICE. ACUMENLY'S TOTAL LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE AMOUNTS YOU HAVE PAID TO ACUMENLY FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.
13. Indemnification
You agree to indemnify and hold Acumenly harmless from any claim, loss, or expense (including reasonable attorneys' fees) arising out of your use of the Service in violation of these Terms or applicable law, or your Customer Data infringing the rights of any third party.
14. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws principles. Any dispute arising out of or relating to these Terms or the Service will be resolved exclusively in the state or federal courts located in California.
15. Changes to These Terms
We may modify these Terms from time to time. The "Last updated" date at the top reflects the most recent revision. For material changes, we will give reasonable advance notice (such as via email or an in-product notice). Your continued use of the Service after the effective date constitutes acceptance of the revised Terms.
16. Contact
Questions about these Terms may be sent to admin@acumenly.com.