Terms of Use

1. Acceptance of These Terms

These Terms of Use ("Terms") form a binding agreement between you and RiskRemedy, Inc. ("RiskRemedy," "we," "us," or "our") and govern your access to and use of riskremedy.io, any subdomains we operate, and any tools, content, applications, products, or services we make available through that site (collectively, the "Services"). By accessing or using the Services, you agree to be bound by these Terms and by our Privacy Notice, which is incorporated by reference. If you do not agree, do not use the Services. Specific tools (for example, the Policy Snapshot tool) may be subject to additional terms presented at the point of use; those additional terms supplement, and in the event of a conflict take precedence over, these Terms with respect to that tool.

2. Eligibility

You must be at least 18 years old and have the legal authority to enter into a contract to use the Services. If you use the Services on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms, and "you" refers to both you individually and that organization. The Services are intended for business users and are not directed to consumers in the ordinary course.

3. The Services

The Services are informational and software services intended for commercial insurance professionals and similar users. We may add, remove, modify, or discontinue any feature of the Services at any time, including specific tools, AI models, integrations, or pricing tiers. We may impose limits on access or usage, including rate limits, fair-use caps, and per-account quotas, and we may enforce them at our sole discretion.

4. Accounts and Access

Some features of the Services may require an account or other credentials. You agree to provide accurate, current, and complete information when registering and to keep it up to date. You are responsible for safeguarding your credentials and for all activity that occurs under them. You will promptly notify us at security@riskremedy.io of any suspected unauthorized access. We may suspend or revoke access to the Services, or to any account, at any time and without prior notice, including for suspected violations of these Terms.

5. Acceptable Use

6. User Content; License to Us

You retain all right, title, and interest in and to any content you submit to the Services, including documents, text, files, and other material ("User Content"). You grant RiskRemedy a worldwide, non-exclusive, royalty-free, sublicensable (to our service providers and subprocessors), and revocable license to host, store, transmit, process, display, and create derivative works of the User Content solely as necessary to (a) operate, provide, secure, and support the Services for you; (b) generate, deliver, and support outputs (for example, reports) that you request; and (c) create de-identified or aggregated data that does not identify you or your organization for the purpose of operating, evaluating, and improving the Services.

You represent and warrant that you have all rights necessary to grant the license above and that your User Content, and our use of it as permitted by these Terms, will not violate any law or any agreement with or rights of any third party. We do not use customer User Content to train foundation models, and we do not authorize our model providers to do so.

7. Outputs and AI Disclaimer

Some Services use AI models that are probabilistic and may produce inaccurate, incomplete, biased, or misleading output ("Output"). RiskRemedy makes no representation that Output is accurate, complete, or fit for any particular purpose. You must independently verify any Output before relying on it. Output is not, and must not be treated as, insurance, legal, tax, financial, brokerage, or other professional advice, and use of the Services does not create a broker-client, fiduciary, advisory, or attorney-client relationship.

8. Intellectual Property

RiskRemedy and its licensors retain all right, title, and interest in and to the Services, including all software, models, prompts, prompt libraries, taxonomies, scoring methodologies, datasets, user interfaces, designs, logos, trademarks, trade names, documentation, and the form and presentation of any Output (collectively, the "RiskRemedy IP"). Except for the limited rights expressly granted in these Terms, no rights in the RiskRemedy IP are granted to you, by implication, estoppel, or otherwise. "RiskRemedy" and the RiskRemedy logo are trademarks of RiskRemedy, Inc.; you may not use them without our prior written consent.

9. Feedback

If you provide us with feedback, suggestions, or ideas about the Services ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free, sublicensable license to use, reproduce, modify, and exploit the Feedback for any purpose, without compensation or attribution to you.

10. Third-Party Services

The Services may interoperate with or rely on third-party products, services, websites, content, or resources, including cloud infrastructure, analytics providers, and AI model providers. We are not responsible for the availability, content, accuracy, or practices of any third party, and your use of any third-party service is at your own risk and subject to that third party's own terms and privacy policy.

11. Fees

Access to certain features of the Services may require payment of fees. Fees, if any, will be presented to you at the time of purchase and are governed by the order form, subscription terms, or other written agreement under which you purchase the Services. Except as required by law or as expressly stated otherwise, fees are non-refundable.

12. Confidentiality

Each party agrees to protect the other's non-public information disclosed in connection with the Services with reasonable care and to use it only as needed to perform under, or exercise rights under, these Terms. This obligation does not apply to information that is or becomes publicly available without breach, was independently developed without reference to the discloser's information, was rightfully received from a third party without restriction, or is required to be disclosed by law (with prompt notice to the discloser to the extent legally permitted).

13. Privacy

Our collection and use of personal information in connection with the Services is described in our Privacy Notice. By using the Services, you acknowledge our practices as described in the Privacy Notice.

14. Disclaimers of Warranties

THE SERVICES AND ALL OUTPUT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS, AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RISKREMEDY AND ITS LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. RISKREMEDY DOES NOT WARRANT THAT THE SERVICES OR ANY OUTPUT WILL BE ACCURATE, COMPLETE, RELIABLE, UNINTERRUPTED, ERROR-FREE, FREE OF HARMFUL COMPONENTS, OR SECURE.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL RISKREMEDY OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY (A) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; (B) LOSS OF PROFITS, REVENUES, GOODWILL, USE, OR DATA; (C) BUSINESS INTERRUPTION; OR (D) COST OF SUBSTITUTE GOODS OR SERVICES, IN EACH CASE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, REGARDLESS OF THE LEGAL THEORY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), AND WHETHER OR NOT RISKREMEDY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RISKREMEDY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS AND THE SERVICES WILL NOT EXCEED THE GREATER OF (I) ONE HUNDRED U.S. DOLLARS (USD $100) OR (II) THE FEES PAID BY YOU TO RISKREMEDY FOR THE SERVICES GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT FIRST GIVING RISE TO THE CLAIM. THE LIMITATIONS IN THIS SECTION APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, IN WHICH CASE THESE LIMITATIONS APPLY TO THE FULLEST EXTENT PERMITTED.

16. Indemnification

You agree to defend, indemnify, and hold harmless RiskRemedy and its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, demands, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to (a) your access to or use of the Services; (b) your User Content; (c) your violation of these Terms; (d) your violation of any law or third-party right; or (e) any dispute between you and a third party arising out of your use of the Services. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense.

17. Termination

We may suspend or terminate your access to the Services at any time, for any reason or no reason, including for any actual or suspected breach of these Terms. You may stop using the Services at any time. Sections that by their nature should survive termination will survive, including without limitation Sections 6 (User Content), 7 (Outputs and AI Disclaimer), 8 (Intellectual Property), 9 (Feedback), 12 (Confidentiality), 14 (Disclaimers), 15 (Limitation of Liability), 16 (Indemnification), 18 (Governing Law; Disputes), and this Section 17.

18. Governing Law; Disputes; Arbitration; Class Waiver

These Terms and any dispute arising out of or relating to these Terms or the Services are governed by the laws of the State of Delaware, USA, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Mandatory arbitration. You and RiskRemedy agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services (a "Dispute") will be resolved by binding arbitration administered by JAMS under its Comprehensive Arbitration Rules and Procedures, except that either party may bring a claim in small-claims court for any Dispute within the scope of that court's jurisdiction. The arbitration will be conducted in English by a single arbitrator, will be seated in Wilmington, Delaware (or such other location as the parties agree), and may proceed by telephone or video conference. Judgment on the award may be entered in any court of competent jurisdiction.

Class action waiver. YOU AND RISKREMEDY EACH AGREE THAT DISPUTES WILL BE BROUGHT IN AN INDIVIDUAL CAPACITY ONLY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, MASS, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate the claims of multiple parties and may not preside over any class, collective, or representative proceeding. If a court or arbitrator finds that this class waiver is unenforceable as to a particular claim or remedy, that claim or remedy (and only that claim or remedy) will be severed from arbitration and brought in court, while all other claims will proceed in arbitration.

Opt-out. You may opt out of this arbitration agreement by sending written notice to privacy@riskremedy.io within thirty (30) days of first accepting these Terms. The notice must include your full name, the email address you used with the Services, and a clear statement that you wish to opt out. Opting out of arbitration will not affect any other provision of these Terms.

Injunctive relief. Notwithstanding the foregoing, either party may seek temporary or preliminary injunctive relief in any court of competent jurisdiction to protect intellectual property rights or confidential information.

19. Changes to These Terms

We may modify these Terms from time to time. When we do, we will post the updated version on this page and update the "Last updated" date below. Material changes will be communicated by reasonable means (for example, by email or a prominent notice on the Site). Your continued use of the Services after the changes take effect constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, your sole remedy is to stop using the Services.

20. Notices

We may provide notices to you by email to the address associated with your account, by posting on the Services, or by other reasonable means. Notices to us must be sent to legal@riskremedy.io, with a copy to RiskRemedy, Inc., attn: Legal, at the address listed on our Contact page. Notices are deemed given when sent.

21. Assignment

You may not assign or transfer these Terms, or any rights or obligations under them, without our prior written consent, and any attempted assignment without that consent is void. We may assign these Terms in connection with a merger, acquisition, financing, reorganization, sale of all or substantially all of our assets, or by operation of law, without your consent.

22. Export and Sanctions

You represent and warrant that you are not, and are not acting on behalf of, any person located in or ordinarily resident in a country or region subject to comprehensive U.S. sanctions, or any person on a U.S. government list of restricted or denied parties. You agree to comply with all applicable export-control and sanctions laws in your use of the Services.

23. Government End Users

The Services are "commercial items," "commercial computer software," and "commercial computer software documentation" as those terms are used in the Federal Acquisition Regulation. Any use, modification, reproduction, release, performance, display, or disclosure by or on behalf of the U.S. Government is governed solely by the rights granted in these Terms.

24. Miscellaneous

These Terms, together with any additional terms applicable to specific tools and our Privacy Notice, constitute the entire agreement between you and RiskRemedy regarding the Services and supersede all prior or contemporaneous understandings on that subject. No waiver of any provision will be effective unless in writing and signed by an authorized representative of RiskRemedy, and no waiver of any breach is a waiver of any subsequent breach. If any provision of these Terms is held to be unenforceable, the remaining provisions will remain in full force and effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable while preserving its intent. The parties are independent contractors; nothing in these Terms creates any partnership, joint venture, agency, fiduciary, or employment relationship. Headings are for convenience only and do not affect interpretation.