TABLE OF CONTENTS
Tint Embedded Insurance Services, LLC
Producer Terms of Service
Please read these Producer Terms of Service (these “Terms of Service”) carefully. These Terms of Service contain important information regarding your legal rights, remedies, and obligations, as well as conditions, limitations, and exclusions that might apply to you. These Terms of Service are a legally binding agreement between you and Tint Embedded Insurance Services, LLC, and govern and control your rights with respect to any products or services provided to you by the Producer.
We agree to help you in obtaining a Policy (defined below) as purchased through our or our partners’ websites. Accordingly, you agree as follows:
1. Definitions
As used in these Terms of Service:- “Producer”, “we”, “us”, or “our” means Tint Embedded Insurance Services, LLC. Producer is a licensed insurance producer in all states in which it does business. For a list of our licenses, please visit tint.ai/licenses.
- “Policy” means your insurance policy upon which the Producer is identified as the insurance producer or broker of record.
- “Insurance Services” means any and all services offered or performed by the Producer in connection with your participation in any Policy.
- “You” means the named insured or Certificate Holder under a Policy.
2. Policies
You acknowledge and agree that the terms of each Policy will govern all matters related to such Policy, including your rights against the insurance company, how the Policy may be terminated or modified, and who may have any rights or interests thereunder. The availability of coverage under your Policy depends on the Policy language, the facts of the claim, and the law of the jurisdiction governing the Policy. In no event will these Terms of Service be deemed to modify any Policy. You acknowledge and agree that we are not an insurance company, and that we are not responsible or liable for any loss or damage claimed under any Policy.
3. Certificates of Insurance
If applicable, we will provide a certificate of insurance to you upon request confirming the benefits set forth in your applicable Policy, subject to the terms, conditions, and exclusions of the applicable Policy.
4. Insurance Services
By choosing to use our Insurance Services, you agree to: (i) designate us as your broker of record or agent of record (as applicable); (ii) authorize us to communicate our designation as broker or agent of record to any insurance carrier, prior insurance producer, and any other person or entity we determine should be advised; and (iii) permit us to receive any commission or other form of compensation that any insurance carrier or partner agrees to pay to us in connection with the provision of Insurance Services.
5. No Special Relationship
You acknowledge that in providing the Insurance Services to you, we may act as an insurance broker for purposes of facilitating the placement of the Policies. In connection with that relationship, you warrant that you have comprehensively reviewed and read these Terms of Service, the Policy, and any other documents we may provide to you. You warrant that you will immediately contact us in writing in the event of any terms of the Policy that you do not understand. Absent such a writing, to the fullest extent permitted by law, you agree that we have no duty to interpret or explain insurance coverage applications, restrictions, or limitations to you.
6. Updates to Terms
We may modify these Terms of Service at any time with or without notice to you. Your continued use of the Insurance Services constitutes your acceptance of any new terms and conditions. The Terms of Service in effect at any given time are published electronically on our website. You agree to be bound by the version of the Terms of Service in effect each time you use or access our Insurance Services.
7. Electronic Records
By using our Insurance Services or purchasing a Policy, you agree to accept all records and documents, including any Policy, provided to you in electronic form. In addition, you agree to receive text message or SMS communications from us specifically related to any Policy you purchase. This consent, unless withdrawn in writing, applies to all transactions between you and us. However, have the right to receive communications from us, including your Policy, in paper form by withdrawing this consent. To withdraw your consent, you must email us at support@tint.ai with the subject line, “Withdraw Electronic Consent.” The body of the email must include your full name, policy number, the effective date of the Policy, the effective date of your withdrawal, and whether you want (a) all communications to be in paper form, (b) only your Policy to be sent to you in paper form, or (c) both.
8. Sharing Information with Third Parties
We will not sell or disclose your personal information to third parties except as described herein or our Privacy Policy. We may disclose your personal information, including details about your Policy, certificate, coverages, and claims, with third parties such as those that perform support services for your account or to facilitate transactions or communication in accordance with your policy. Third parties that assist us in providing services to you are required to maintain the confidentiality of such information and to use your personal information only in the course of providing insurance services to you.
9. Customer Warranties
By using the Insurance Services, you agree and warrant that:- you are at least 18 years of age and are eligible to enter into binding contracts, including contracts for insurance, on behalf of yourself or any named insured under your Policy;
- all information and documentation provided about yourself is accurate and comprehensive, and you will promptly bring to our attention in writing any discrepancies or questions that may arise regarding your information;
- you will notify us of any changes in the information or documentation provided about yourself or other material changes that could impact your use of the Insurance Services;
- you will not use the Insurance Services for any false, fraudulent, or illegal purpose;
- Unless you promptly indicate to us in writing to the contrary, you: (i) fully understand the terms of coverage(s) of insurance being provided to you and you require no further explanation or information; and (ii) acknowledge that the coverage(s) of insurance being provided to you are adequate and appropriate for your needs; and
- you are not, nor are you owned or controlled by, any person on the Specially Designated Nationals List published by the Office of Foreign Assets Control (OFAC), or otherwise subject to restrictions or sanctions administered by OFAC pursuant to any statute, executive order, or regulation.
10. Indemnification
You agree to indemnify, defend, and hold harmless, at your sole cost and expense, us and our affiliated companies and its officers, directors, employees, agents, and its successors and assigns, from and against any and all any losses, damages, demands, claims, liabilities, costs (including legal costs), and expenses of any kind suffered or incurred by us, arising from or relating to any breach or violation by you or your affiliates of these Terms of Service or your Policy, or your or your affiliates’ violation of applicable law, rule, or regulation or any rights of a third party.
11. Limitation of Liability; Disclaimer of Damages, Warranties:
a. Limitation of Liability; Disclaimer of Damages. You agree that the cumulative aggregate liability of us and our affiliates for all losses, claims, suits, controversies, breaches, or damages for any cause whatsoever (collectively, “Loss”), and regardless of the form of action or legal theory (including negligence), will be limited to the amount of commission, fees, or other remuneration earned by us for providing the Insurance Services to you for the twelve (12) months prior to the Loss. NOTWITHSTANDING THE FOREGOING LIMITATION, EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW, YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES WHATSOEVER, INCLUDING LOST PROFITS, REGARDLESS OF THE FORM OF THE ACTION OR THE THEORY OF RECOVERY (INCLUDING NEGLIGENCE OR RECKLESSNESS), AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WHETHER WE OR ANY PERSON OR ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
b. Disclaimer of Warranties. EXCEPT AS OTHERWISE EXPRESSLY STATED IN THESE TERMS AND THE APPLICABLE POLICY, WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND TO THE FULLEST EXTENT PERMITTED BY LAW. EXCEPT AS OTHERWISE EXPRESSLY STATED IN THESE TERMS AND THE APPLICABLE POLICY, WE EXPRESSLY DISCLAIM, AND YOU EXPRESSLY WAIVE, ANY AND ALL WARRANTIES, INCLUDING THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO DESCRIPTIONS OR SPECIFICATIONS, WHETHER OR NOT INCORPORATED INTO THESE TERMS OR THE APPLICABLE POLICY, CONSTITUTE WARRANTIES OF ANY KIND.
c. Access from Outside the U.S. If you access the Insurance Services from outside of the United States, you will be responsible for compliance with all applicable foreign and local laws. We do not provide Insurance Services outside of the U.S. nor to governments, governmental agencies, businesses, individuals, groups, or any of their agents that are subject to U.S. trade sanctions. By using the Insurance Services, you represent and warrant that you are not subject to any U.S. trade sanctions.
12. Conditional Assignment and Release.
You understand and agree that by accepting any claim payment made to you, you assign to us the right to pursue and collect against any third party to the extent of our payment to you. If necessary, you agree to cooperate and participate as we may request to recover our loss. In addition, you agree to release and discharge us from all claims, rights, demands, charges, damages, losses, and expenses arising from or in connection with such claim to the extent of our payment to you.
13. Restrictions on Use; No Third-Party Beneficiaries
You agree that the Insurance Services and Policy are for your own use and benefit. Nothing in these Terms of Service constitute authorization for you to use the Insurance Services or Policy on behalf of any third party.
14. Governing Law
These Terms of Service will be brought in the state or federal courts located in New York, New York without regard to conflicts of laws principles. Any dispute arising out of or related to these Terms of Service will be brought in the state or federal courts located in Delaware. Each party hereby consents and waives any objection to the jurisdiction and venue of such courts.
15. Incorporation of Additional Terms; Future Changes
You agree to accept and be bound by any additional applicable agreements, program terms and conditions, and terms of use between us and you, including but not limited to those available at the URLs listed below (collectively, the “Additional Terms”). By using or continuing to use the Insurance Services, you acknowledge that you have read and understand the Additional Terms and agree to be bound by them, including:our website
- Terms of Use, available at https://www.tint.ai/terms-of-use;
- our Privacy Policy, available at https://www.tint.ai/privacy-policy; and
- any applicable insurance program terms and conditions, as agreed to by you during your purchase of insurance.
These Terms of Service, the Additional Terms, and any applicable Policy and program terms and conditions comprise the complete and exclusive agreements of the parties, and may not be contradicted, modified, or supplemented by any oral agreement or by any implied-by-law covenant. Any agreement between the parties may only be modified as provided for in such agreement.