Terms of Service
Last updated: January 2, 2025
It is important that you review and understand these terms before using this web site (the "Site") or our services (collectively, the "Service"). If you do not agree to these terms, you should not use the Site, create an account, or use the Services.
The Services are generally intended for business or professional use only.
If you have a separate agreement with us for the use of our services, these terms will not apply to you. However, these terms will apply if any services you use are not covered under that separate agreement.
These terms are effective on the date you accept them by clicking "accept" and registering your Account.
AGREEMENT TO OUR LEGAL TERMS
Table of Contents
- Introduction
- Services Description
- User Account
- Subscription Term and Termination; Automatic Payment; Free Trial
- Intellectual Property; License; Restrictions
- Confidentiality
- Disclaimer of Warranties
- Limitation of Liability
- Governing Law; Jurisdiction; Venue
- Entire Agreement
1. Introduction
These Terms of Service ("Terms"), together with the Linqura Privacy Policy (https://sybl-site.s3.amazonaws.com/privacyPolicy.pdf), Acceptable Use on behalf of an entity, such entity. By accessing or using the Service, you agree to be bound by this Agreement. If you create an Account, enter a Subscription, or use the Service on behalf of another person or entity, you represent that you have the authority to accept this Agreement on their behalf.
Linqura reserves the right to modify these Terms at any time. Any changes will be effective immediately upon posting on the Site. Your continued use of the Service after such changes constitutes your acceptance of the modified Terms.
2. Services Description
The Service provides data, business intelligence, and proprietary tools you may use for your insurance business, including Linqura's Proprietary Business Insurance Large Language Model ("Linqura AI") and the Linqsm chatbot. Subject to the restrictions set forth in these Terms, you may use the Service for any legitimate business purpose, including assessing potential client risk, generating leads, and analyzing your own business and lead performance.
Your results from using the Service will depend on the quality of User Data, your own professional judgment, the effectiveness of your marketing efforts, and your professional expertise in executing your business strategy. Linqura does not provide any guarantee of results, including but not limited to the quality or quantity of leads you are able to generate with the assistance of the Service.
3. User Account
To use the Service, each User will be required to create a user account ("Account"). Your Account log-in credentials may not be shared with any other individual, and you are responsible for maintaining the confidentiality of your Account log-in credentials and for any activities that occur under your Account.
You agree to provide accurate and up-to-date information when registering for an Account, and to update such information as necessary during the Term (as defined below).
4. Subscription Term and Termination; Automatic Payment; Free Trial
The Services are available on a subscription basis ("Subscription"). Subscriptions automatically renew each month upon the anniversary of the first day of the Term (as defined below), unless you provide notice of non-renewal to us. You may provide such notice on the Site or by sending a cancellation request to: support@linqura.ai.
Payment for the Service is due, and the applicable fees disclosed to you during registration ("Fees") will be automatically charged to the payment card information you provide at registration, on a monthly basis.
You may be offered a free trial period during which you may use the Service free of charge. In the event you register for a free trial, you must send us a cancellation request prior to 12:00am (your local time) on the date of expiration of your designated trial period to avoid commencing your paid Subscription term and being charged accordingly.
Your Subscription term will commence upon the date your payment card information is charged and continue for one (1) month unless otherwise stated in your Subscription plan information upon registration (the "Term"). Subscriptions are non-refundable.
In the event you wish to cancel your Subscription and close your Account, you may send a cancellation request to support@linqura.ai; however, you will continue to be charged for the Fees until the end of the then-current Term of your Subscription.
Upon expiration of your Subscription Term following a cancellation request, your access to the Services will be removed and all licenses and rights granted to you under the Agreement shall cease.
5. Intellectual Property; License; Restrictions
All rights, title, and interest in and to the Services, including all software, content, and materials (excluding User Data, as defined below) are owned or licensed by Linqura and protected by copyright and other intellectual property laws. The Service is intended solely for use internally within your business, within the United States, and only by you and, if applicable, other Users included in your Subscription. You have no right or license to the Services except as expressly stated in these Terms and, if applicable, your Subscription plan information.
You may not:
- reproduce, modify, or distribute to any third party any part of the Service without the prior written permission of Linqura;
- use the Service to engage in any illegal activity or to transmit any obscene or harassing material or malicious computer code;
- use Linqura's name, logo, or trademarks (including but not limited to Linqsm) (collectively, the "Linqura Marks") in any publication or third-party communications on behalf of your business, including client pitches or presentations, without Linqura's express written permission in each instance;
- reverse-engineer or otherwise use the Service to attempt to create an equivalent or competing product; or
- access or use the Services from outside of the United States and its territories.
6. Confidentiality
You expressly acknowledge that, in the course of using the Services, you and we may each learn or have access to the confidential, patent, copyright, business, trade secret, proprietary, or other like information or products of the other party or of third parties, including but not limited to the other party's vendors, consultants, suppliers, or customers (collectively, "Confidential Information"). Confidential Information of a party includes any non-public information, whether oral or recorded in any medium, that a party receives in connection with the Agreement, including data you provide to us about your business in order to obtain the benefit of the Service ("User Data"). To the extent User Data comprises personal information under applicable law, the treatment of such User Data shall be governed by Linqura's Privacy Policy (https://sybl-site.s3.amazonaws.com/privacyPolicy.pdf).
Each of the parties, in its capacity as a party receiving Confidential Information (as applicable, "Receiving Party"), expressly agrees that unauthorized disclosure of the other party's (as applicable, "Disclosing Party") Confidential Information may interfere with the Disclosing party's business, damage the value of its intellectual property and/or customer relationships, including intangible value such as goodwill, causing irreparable harm. Any breach or threatened breach of this Section 6 shall entitle the non-breaching party to seek injunctive or other equitable relief as necessary, without posting bond or the requirement of establishing irreparable harm. The foregoing remedy shall be in addition to, rather than in lieu of, any other legal or equitable rights or remedies a Disclosing Party has with respect to its Confidential Information.
Anything in the Agreement to the contrary notwithstanding, the Receiving Party expressly agrees that they will keep strictly confidential and not disclose to any third parties, excluding Authorized Representatives. "Authorized Representatives" means employees, subcontractors, service providers, and advisors of a Receiving Party with a bona fide need to have access to the Confidential Information in order to provide or utilize the Service as permitted in these Terms, provided that: (i) such third parties have agreed in writing with the applicable Receiving Party, in terms no less protective than the confidentiality obligations of the Agreement, to keep confidential the Confidential Information; (ii) such third parties have agreed in writing with the applicable Receiving Party not to use the Confidential Information for their own benefit or the benefit of any person or entity besides the Receiving Party; and (iii) Receiving Party, when allowing such third parties access to Disclosing Party's Confidential Information, will not exceed the license or use restrictions in the Terms. The Receiving Party shall be liable for any breach of the Agreement by its Authorized Representatives.
The term "Confidential Information" shall not include products or information that: (i) are in the public domain or in the possession of the Receiving Party without restriction at the time of receipt under the Agreement; (ii) enters the public domain during the term of this Agreement through no fault of the Receiving Party or its Authorized Representatives; or (iii) are independently developed, as evidenced by contemporaneous documentation, by the Receiving Party, unrelated to the performance of this Agreement.
It shall not be a violation of this Confidentiality section for the Receiving Party to disclose Confidential Information if a court of competent jurisdiction or appropriate regulatory authority demands such disclosure. In such case, prior to disclosing the Confidential Information, the Receiving Party will: (i) notify the Disclosing Party immediately, unless prohibited by law; and (ii) cooperate with the Disclosing Party in asserting a confidential or protected status for the Confidential Information.
Each party expressly further agrees that, at the sole discretion and request of the Disclosing Party, it shall either return to the Disclosing Party or destroy any such Confidential Information and copies thereof; and it will certify any such destruction in writing to the Disclosing Party, excluding (i) any backup or archival copies required to be maintained for legal or regulatory requirements or to enforce or protect a party's rights hereunder, provided that such copies are not accessed or used in the ordinary course of business or for any other purpose besides the limited purpose for which they were retained; and (ii) any User Data pertaining to your use of the Services that has been aggregated and/or de-identified such that it can no longer, either alone or when combined with other information, identify you ("Subscription Usage Data"). For the avoidance of doubt, Subscription Usage Data contains no, and is not, your Confidential Information and constitutes proprietary and Confidential Information of Linqura.
Each party agrees to provide prompt written notice to the other if it becomes aware of any use or disclosure of the Confidential Information in a manner inconsistent with the requirements of this Agreement.
Notwithstanding anything else, no proprietary rights or licenses in or to the Confidential Information or any other intellectual property of a party shall be transferred or granted hereunder except for the limited, revocable licenses set forth expressly herein.
You may (though you are not required to) provide feedback, comments, ideas, or suggestions to us regarding the Service ("Feedback"). Feedback, including enhancements we might make to the Service as a result thereof, shall be the sole and exclusive property of Linqura and we shall have the right to use, modify, reproduce, distribute, create derivative works of, and otherwise exploit Feedback without any payment, further disclosure, or other obligation to you.
7. Disclaimer of Warranties
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. LINQURA DOES NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE, RELIABLE, OR UNINTERRUPTED. ALL WARRANTIES NOT EXPRESSLY STATED HEREIN ARE HEREBY DISCLAIMED.
8. Limitation of Liability
IN NO EVENT SHALL LINQURA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SERVICE, EVEN IF LINQURA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. Governing Law; Jurisdiction; Venue
Our Agreement shall be governed by and construed in accordance with the laws of the State of New York, United States of America, without regard to any conflict of laws principles. You hereby irrevocably submit to the exclusive personal jurisdiction of the state or federal courts located in the State of New York, City of New York, Borough of Manhattan for the purpose of adjudicating any disputes arising out of or related to the Agreement or your use of the Service, and irrevocably waive all objections to such jurisdiction and venue.
10. Entire Agreement
The Agreement (as defined above) constitutes the entire agreement between you and Linqura with respect to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether oral or written.
Contact Us
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:
info@linqura.ai