Producer Terms of Service
Last updated: October 24, 2024
1. Definitions
"Producer," "we," "us," or "our" refers to Tint Embedded Insurance Services, LLC, a licensed insurance producer. "Policy" means an insurance policy where the Producer is identified as the producer or broker of record. "Insurance Services" encompasses all services offered by the Producer related to Policy participation. "You" means the named insured or Certificate Holder under a Policy.
2. Policies
Customers acknowledge that Policy terms govern all matters related to coverage, including rights against the insurance company, termination procedures, and interest holders. These Terms of Service do not modify any Policy. The Producer is not an insurance company and bears no responsibility for losses claimed under any Policy.
3. Certificates of Insurance
The Producer will provide certificates of insurance upon request, confirming Policy benefits, subject to policy terms, conditions, and exclusions.
4. Insurance Services
By using Insurance Services, customers agree to: designate the Producer as broker or agent of record; authorize communication of this designation to carriers and other relevant parties; and permit the Producer to receive commissions or compensation from insurance carriers or partners.
5. No Special Relationship
The Producer acts as an insurance broker to facilitate Policy placement. Customers warrant they have reviewed these Terms, the Policy, and provided documents. Absent written notice of misunderstanding, customers acknowledge the Producer has no duty to explain coverage applications, restrictions, or limitations.
6. Payment Terms
Customers agree to pay all premiums when invoiced. Payment methods will be automatically charged for each billing period. The Producer may cancel coverage without notice for nonpayment and may deny claims for periods with unpaid premiums.
7. Updates to Terms
The Producer may modify these Terms at any time without notice. Continued use constitutes acceptance. The version in effect when services are accessed governs.
8. Electronic Records
Customers consent to receive all records and documents in electronic form. This consent applies to all transactions unless withdrawn in writing by emailing support@tint.ai with subject line "Withdraw Electronic Consent," specifying name, policy number, effective date, withdrawal date, and communication preferences.
9. Sharing Information with Third Parties
The Producer will not sell personal information except as described in these Terms or the Privacy Policy. Information may be disclosed to service providers and third parties facilitating transactions or communication. Third parties must maintain confidentiality. By providing contact information, customers consent to marketing communications unless opting out per the Privacy Policy.
10. Customer Warranties
By using Insurance Services, customers warrant:
- They are at least 18 years old and eligible to enter binding contracts
- All provided information is accurate and comprehensive
- They will promptly report discrepancies
- They will not use services for false, fraudulent, or illegal purposes
- Unless indicating otherwise in writing, they understand coverage and find it adequate
- They are not subject to OFAC sanctions
11. Indemnification
Customers agree to indemnify and hold harmless the Producer and affiliated companies, officers, directors, employees, and agents from losses, damages, claims, liabilities, and expenses arising from customer breaches of these Terms, Policy violations, or violations of law affecting third-party rights.
12. Limitation of Liability; Disclaimer of Damages, Warranties
a. Limitation of Liability; Disclaimer of Damages
Aggregate liability is limited to commission, fees, or remuneration earned for providing Insurance Services in the twelve months prior to the loss. The Producer is not liable for indirect, incidental, consequential, exemplary, punitive, or special damages, including lost profits, regardless of foreseeability or prior notice.
b. Disclaimer of Warranties
Except as expressly stated in these Terms and the Policy, the Producer makes no warranties of any kind. The Producer expressly disclaims warranties of merchantability and fitness for a particular purpose.
c. Access from Outside the U.S.
Users accessing services from outside the U.S. must comply with all applicable laws. The Producer does not provide services outside the U.S. or to governments, agencies, or entities subject to U.S. trade sanctions.
13. Conditional Assignment and Release
By accepting claim payments, customers assign to the Producer the right to pursue third parties for recovery. Customers agree to cooperate with recovery efforts and release the Producer from claims arising from settlements to the extent of payments made.
14. Restrictions on Use; No Third-Party Beneficiaries
Insurance Services and Policies are for the customer's own use. Nothing authorizes using services on behalf of third parties.
15. Governing Law
These Terms are governed by Delaware law without regard to conflicts principles. Any disputes must be brought in Delaware state or federal courts. Each party consents to jurisdiction and waives venue objections.
16. Audit Rights
The Producer reserves the right to audit customer records during the policy period and for one year after to ensure compliance. Customers must provide access to relevant information and cooperate fully.
17. Incorporation of Additional Terms; Future Changes
Customers agree to be bound by additional applicable agreements and program terms, including:
- Terms of Use
- Privacy Policy
- Applicable insurance program terms and conditions
These documents, together with the Policy and program terms, comprise the complete agreement and may only be modified as provided within each agreement.
18. Contact Us
For questions regarding these Terms, policies, coverages, pricing, or claims, email support@tint.ai.