TERMS AND CONDITIONS
These Terms of Service ("Terms") govern your access to and use of the application and website (collectively, the "App") ("Services") provided by Blockchainsure Labs and its subsidiaries (collectively with Blockchainsure Labs, "Blockchainsure," "we," "us," or "our"), so please read these Terms carefully before using the Services.
References to "you" in these Terms means you, your duly authorized representatives and any entity you may represent in connection with your use of the Services. Any reference made in these Terms to "Blockchainsure" shall be deemed to have been made to Blockchainsure Labs, its successors, assignees, and US subsidiaries and affiliates, as well as any company that controls Blockchainsure, directly or indirectly, and any other subsidiary of that controlling company.
We reserve the right, at our discretion, to modify these Terms from time to time, which modification will be effective upon the posting of the modification to our App, and will apply to causes of action arising after the effective date of the change. You should continue to check the App for changes. Your continued use of our App or otherwise the Services following the posting of changes to these Terms and Conditions will mean that you accept those changes. By accessing or using our Services, you confirm that: (i) you can form a binding contract with us; and (ii) you are over the age of 18 as the Services are not intended for children under 18. If it comes to our attention through reliable means that a registered user is a child under 18 years of age, we will cancel that user’s account and/or access to the Services. If you are using the Services on behalf of a corporation (or any legal entity other than using it personally), you represent that you are authorized to enter into an agreement on behalf of that legal entity, and are nevertheless individually bound by these Terms and Conditions even if we have a separate agreement with such corporation.
The headings and captions used in these Terms are inserted for convenience only and will not affect the meaning or interpretation of these Terms. Do Not Rely on our App for your financial decisions. The content on the Blockchainsure website, app and other content is for convenience and information purposes only. Nothing therein should be construed as rendering tax, legal, investment, or accounting advice. The posting of any prospectus or any other information is not a recommendation or opinion for you to buy or sell any product or participate in any transaction.
Subject to these Terms and our policies (including policies made available to you with the Services), we grant you a limited, non-transferable, non-exclusive, and revocable permission to access and use our Services, provided that: (i) You will not copy, distribute or modify any part of the Services without our prior written authorization; (ii) You will not send unsolicited or unauthorized advertisements, spam, chain letters, etc.: (iii) You will not transmit any content which contains software viruses, or other harmful computer code, files or programs; (iv) You will not disrupt servers or networks connected to the Services; and (v) You will comply with these Terms.
You acknowledge that (i) the App contains proprietary information including third party proprietary information, that is protected by law; (ii) we may block, suspend or terminate your use of the App for your failure to adhere to the Terms; (iii) your ability to use of some features of the App will cease upon termination of your corresponding insurance policy. Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access (other than your User Content), which shall remain with us and our respective licensors.
Open Source Software
Certain software code incorporated into or distributed with the App or otherwise with the Services may be licensed by third parties under various "open-source" or "public-source" software licenses (collectively, the "Open Source Software"). Notwithstanding anything to the contrary in these Terms, the Open Source Software is not licensed under these Terms and instead is separately licensed pursuant to the terms and conditions of their respective open-source software licenses. You agree to comply with the terms and conditions of such open-source software license agreements.
All right, title, and interest in and to Services including worldwide intellectual property rights therein, are and will remain the exclusive property of Blockchainsure and its applicable licensors. We reserve all rights not expressly granted in and to the Services.
In order to access the Service, you will have to create an account. You hereby represent and warrant that the information you provide to Blockchainsure upon registration (including information provided through your Linked Accounts, as defined below) (collectively, your "Account Information"), is true, accurate, current, and complete. You also hereby agree that you will ensure that this Account Information is kept accurate and up-to-date at all times.
Privacy and Passwords
Some portions of the App are protected and require a user identification code ("User ID") and password for access. Unauthorized access or use of such portions of the App is prohibited. You agree that you will notify Blockchainsure immediately if you believe that a third party has obtained your User ID or password, or if you believe that any unauthorized access or use may occur or has occurred. Notify Blockchainsure via email at support(a)blockchainsure.com. For your protection, if Blockchainsure believes that any unauthorized access may occur or has occurred, Blockchainsure may terminate your account access without prior notice to you. You also agree that Blockchainsure is permitted to act upon any instructions received using your User ID and password and to consider such instructions as authorized by you.
Linked Accounts and Social Networking Sites
Blockchainsure may, now or in the future, allow you to voluntarily link your account on the Services to your account(s) on third-party services such as Google or Facebook ("Linked Accounts") for the purpose of simplifying the processes of signing up and logging in to your Blockchainsure account. If you choose to link your account on the Services to a Linked Account, you are authorizing Blockchainsure to store and use your first and last name, profile picture and email address and enable a login to your Blockchainsure account by authenticating you with the Linked Account.
The Services may request that you submit content such as text, photos, audiovisual content, and other media content ("User Content"). By providing User Content to Blockchainsure, you are granting Blockchainsure a license to use the User Content in order to make it available through the Service.
License Grant by You to Blockchainsure
By uploading User Content, you are granting Blockchainsure a license to display, perform and distribute your User Content and to modify (for technical purposes), and reproduce such User Content to enable Blockchainsure to operate the Services. You agree that these rights and licenses are royalty free, worldwide, and irrevocable, and include a right for Blockchainsure to make such User Content available to, and pass these rights along to, others with whom Blockchainsure has contractual relationships related to the provision of the Blockchainsure service, solely for the purpose of providing such services, and to otherwise permit access to or disclose your User Content to third parties if Blockchainsure determines such access is necessary to comply with its legal obligations.
When you submit any ideas, suggestions, documents and/or proposals relating to the Services (or other products or services) to Blockchainsure through the App or through any other channel or mechanism (collectively, "Contributions"), you acknowledge and agree that: (i) your Contributions do not contain confidential or proprietary information; (ii) Blockchainsure is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (iii) Blockchainsure shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way; (iv) Blockchainsure may have something similar to the Contributions already under consideration or in development; (v) your Contributions automatically become the property of Blockchainsure without any obligation of Blockchainsure to you; and (vi) you are not entitled to any accounting, compensation or reimbursement of any kind from Blockchainsure under any circumstances.
By using the Services you agree not to: (i) create an account for anyone other than yourself (unless you represent a company, organization, legal entity or brand); (ii) verbally abuse, threaten, harass, intimidate, defame, bully, employ hate speech or otherwise threaten to harm any employee or agent of the company; (iii) attempt to use another person’s account or create a false identity; (iv) duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found in the Services, except as permitted in these Terms, or as expressly authorized by us; (v) reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Services, or any part thereof; (vi) utilize or copy information, content or any data you view on or obtain from the Services to provide any service that is competitive, in our sole discretion, with the Services; (vii) adapt, modify or create derivative works based on the Services or technology underlying the Services, in whole or part; (viii) rent, lease, loan, trade, sell/resell any information in the Services, in whole or part; (ix) use the communication systems provided by the Services for any commercial solicitation purposes; (x) sell, sponsor, or otherwise monetize any service or functionality in the Services, without our express written consent; (xi) remove any copyright, trademark or other proprietary rights notices contained in or on the Services (whether ours or our licensors’); (xii) remove, cover or otherwise obscure any form of advertisement included on the Services; (xiii) collect, harvest, use, copy, or transfer any information, including, but not limited to, personally identifiable information obtained from the Services (excluding your User Content, and except if the owner of such information has expressly permitted the same); (xiv) share other users’ or third party’s information or their User Content without their express consent; (xv) infringe or use our brand, logos or trademarks in any business name, email, or URL except as expressly permitted by us; (xvi) use or launch any manual or automated system or software, devices, scripts robots, other means or processes to access, "scrape," "crawl," "cache," "spider" or any web page or other service contained in our Services, or to access the Services in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser; (xvii) use bots or other automated methods to access the Services, add or download contacts, send or redirect messages, or perform other similar activities through the Services; (xviii) access, via automated or manual means or processes, the Services for purposes of monitoring its availability, performance or functionality for any competitive purpose; (xix) engage in "framing," "mirroring," or otherwise simulating the appearance or function of the App; (xx) attempt to or actually access the Services by any means other than through the interfaces provided by us. This prohibition includes accessing or attempting to access the Services using any third-party service, including software-as-a-service platforms that aggregate access to multiple services; (xxi) engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on the Services’ infrastructure, including, but not limited to, sending unsolicited communications to other users or our personnel, attempting to gain unauthorized access to the Services, or transmitting or activating computer viruses, Trojan horses, worms, time bombs or any other harmful or deleterious software programs through or on the Services; (xxii) interfere or disrupt or game the Services, including, but not limited to any servers or networks connected to the Services, or the underlying software; and/or (xxiii) otherwise violate the Terms.
By accepting the receipt of electronic transmissions, you voluntarily agree to have all records, including your current and future insurance related documents, provided to you in electronic form. Insurance related documents include, but are not limited to:
- Your insurance policy and all documents, notices and correspondence related to your insurance policy. This could include ID Cards, applications, amendments, endorsements, illustrations, questionnaires, disclosures, and reports;
- Bills, billing notices, payment schedules or any other correspondence related to premium payments;
- Claim notices, disclosures, status letters, forms, and correspondence concerning a claim that arises under your policy or involves you as an insured and/or claimant;
- Legally mandated policies, notices, and disclosures to inform you of our business practices, including notices related to our collection, storage, use, and disclosure of your personal information; and
- Any other documents related to your insurance transactions with us.
We will use various methods to provide communications to you electronically, including via e-mail or through our website or app. For this second option, you may need to log-in to access the information.
This consent, unless withdrawn, applies to all transactions between you and Blockchainsure. However, you have the right to receive communications from us, including any insurance policies, in paper form if you wish by withdrawing this consent. If you withdraw the consent to provide you with records in electronic form, you will then be provided with records in paper form at no charge.
To withdraw your consent, you can email us any time at support(a)blockchainsure.com with the following subject line "WITHDRAW ELECTRONIC CONSENT." The body of the email must include your name, policy number, the start date of the policy, named insured’s date of birth, the effective date of your withdrawal and whether you want (a) all communications to be in paper form or (b) your insurance policy to be sent to you in paper form.
To change or correct your email address, you can email us at support(a)blockchainsure.com with the following subject line "EMAIL ADDRESS UPDATE". The body of the email must include your name, policy number, the start date of the policy, named insured’s date of birth and the updated email address. Note our website address is www.blockchainsure.com.
Hardware and Software Requirements: In order to receive, access, view, sign and retain electronic transmissions that we make available to you, you must have a personal computer or electronic device with internet connectivity and each of the following:
- Browser support of Internet Explorer 10.0 or higher, Firefox 59 or higher, Safari 10 or higher, Chrome 54 or higher;
- Ability to view the disclosures on your monitor, which can be done with your internet browser;
- Sufficient electronic storage capacity on your computer’s hard drive or other data storage unit; and
- A valid e-mail account with an Internet service provider.
- iOS version support 13.0 or higher. iPhone Device support 6S or higher, including SE.
- We don’t support iPads, but you can still run the app on iPad mini 2 or later.
- App requires a working microphone, front and rear cameras in order to file a claim.
- Android version support 5.0 or higher, can run on any Android device that runs this version.
- App requires internet connection, storage, location, camera, microphone and vibration permissions.
We will update you if there are any changes to the hardware or software requirements that could impact your receiving or consenting to electronically delivered transmissions.
Third Parties' Links, Websites, and Services
The Services may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by us. We are not affiliated with those websites, do not endorse them, have no control over those websites, and assume no responsibility and/or liability for the content, privacy policies, or practices of any third-party websites. In addition, we will not and cannot censor or edit the content of any third-party site.
We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request; (ii) enforce these Terms, including investigation of potential violations of it; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) cooperate with law enforcement authorities; (v) respond to user support requests; or (vi) protect our, our users’ or the public’s rights, property or safety.
Limitation of Liability
To the maximum extent permitted by law, the Services are Available "As Is." Notwithstanding the limitations set forth below, insurance coverage and our performance under your insurance policy are determined solely by the terms, conditions, exclusions and limitations of your insurance policy and applicable law. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SERVICES AND THE PURCHASE AND USE OF ANY PRODUCTS OR SERVICES ARE ALL AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BLOCKCHAINSURE EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. (b) BLOCKCHAINSURE DOES NOT WARRANT THAT (i) THE SERVICES WILL MEET ALL OF YOUR REQUIREMENTS; (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) ALL ERRORS IN THE SOFTWARE OR SERVICES WILL BE CORRECTED. (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER DEVICE OR LOSS OF DATA RESULTING FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL. (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BLOCKCHAINSURE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT, EXCEPT FOR ANY DAMAGES RESULTING FROM A DATA BREACH RELATED TO THE PERSONAL DATA COLLECTED BY THE APP, BLOCKCHAINSURE, ITS SUBSIDIARIES, AFFILIATES AND LICENSORS, AND OUR AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS AND SUCCESSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COVER OR OTHER INTANGIBLE LOSSES (EVEN IF BLOCKCHAINSURE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) UNAUTHORIZED ACCESS TO OR THE LOSS, CORRUPTION OR ALTERATION OF YOUR TRANSMISSIONS, USER CONTENT OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR USING THE SERVICE, OR PROVIDING ANY SERVICES RELATED TO THE OPERATION OF THE SERVICE; (iv) BLOCKCHAINSURE’S ACTIONS OR OMISSIONS IN RELIANCE UPON YOUR ACCOUNT INFORMATION AND ANY CHANGES THERETO OR NOTICES RECEIVED THEREFROM; (v) YOUR FAILURE TO PROTECT THE CONFIDENTIALITY OF ANY PASSWORDS OR ACCESS RIGHTS TO YOUR ACCOUNT INFORMATION; (vi) THE ACTS OR OMISSIONS OF ANY THIRD PARTY USING OR INTEGRATING WITH THE SERVICE; (vii) THE TERMINATION OF YOUR ACCOUNT IN ACCORDANCE WITH THE TERMS OF THESE TERMS; OR (viii) ANY OTHER MATTER RELATING TO THE SERVICE. IN ANY EVENT AND WITHOUT LIMITING THE GENERALITY OF THIS SECTION TO THE EXTENT PERMITTED BY LAW YOU AGREE THAT OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES AND LOSSES SHALL NOT IN ANY CIRCUMSTANCES EXCEED THE GREATER OF (A) $100, OR (B) THE AGGREGATE OF THE AMOUNT (IF ANY) PAID BY YOU IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING BRINGING OF A CLAIM AGAINST US OR OUR AFFILIATES. NOTHING IN THESE TERMS (INCLUDING THE LIMITATION OF LIABILITY PROVISIONS) IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY WILLFUL ACTS, NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THOSE LIABILITY AND OTHER LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION (IF ANY) WILL APPLY TO YOU AND OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Blockchainsure reserves the right, in its sole and absolute discretion, to transfer, assign, sublicense or pledge in any manner whatsoever, any of its rights and obligations under these Terms to a subsidiary, affiliate, successor thereof or to any third party whatsoever, without notifying you or receiving your consent. You shall not transfer, assign, delegate, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under these Terms.
You agree to defend, indemnify and hold harmless us, our affiliates, and our and their respective owners, officers, directors, employees, agents, and/or licensors, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your use of the Services; (ii) your violation of these Terms; (iii) your violation of any third-party right, including without limitation any copyright, property, publicity or privacy right; including all actions taken under your account; (iv) your violation of any applicable law; or (v) your negligence or willful misconduct. This defense, hold harmless and indemnification obligation will survive any termination of these Terms and your use of the Services.
Governing Law and Jurisdiction
These Terms and your use of the Services are governed in all respects by the laws of the State of New York, without giving effect to any principles of conflicts of laws. Any dispute concerning the Services or these Terms shall be subject to the exclusive venue of a court of competent jurisdiction in New York, New York.
For residents of the EU / EEA:
Blockchainsure and its subsidiaries (collectively “Blockchainsure”) are participants in the EU / US Privacy Shield Framework as set forth by the US Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries transferred to the United States pursuant to Privacy Shield. Blockchainsure adheres to the Privacy Shield Principles (the “Principles”) with respect to such data and continues to do so regardless of the European Commission invalidating the Privacy Shield on July 16, 2020. If there is any conflict between the policies in this privacy notice and data subject rights under the Principles, the Principals shall govern. To learn more about the Privacy Shield program, please visit https://www.privacyshield.gov/. Blockchainsure is subject to the investigatory and enforcement powers of the Federal Trade Commission.
Pursuant to the Privacy Shield Framework, EU individuals have the right to obtain our confirmation of whether we maintain personal information relating to you in the United States. Upon request, we will provide you with the access to the personal information that we hold about you. You may also correct, amend, or delete the personal information we hold about you if it is inaccurate or has been processed in violation of the Principles. An individual who seeks access should direct their query to [email protected] If an individual requests to correct, amend, or delete their personal information transferred to the US under Privacy Shield, we will coordinate with our EU affiliate to complete this request, unless an exception applies. Please note that your rights are not absolute and may be subject to regulatory requirements, third parties’ rights and our own legitimate interests.
Blockchainsure is required to disclose personal information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. Blockchainsure’s accountability for personal data that it receives in the US under the Privacy Shield and subsequently transfers to a third party is described in the Principles. In particular, Blockchainsure remains responsible and liable under the Principles if third parties that it engages to process the personal data on its behalf do so in a manner inconsistent with the Principles, unless Blockchainsure proves it is not responsible for the event giving rise to the damage.
Blockchainsure also relies on standard contractual clauses to transfer EU personal data to third countries outside of the EU not recognized by the European Commission as providing adequate protection. Furthermore, Blockchainsure commits to cooperating with EU data protection authorities (DPAs) and complying with the advice given by such authorities, including the European Data Protection Board, with regard to human resource data transferred from the EU in the context of the employment relationship. In compliance with the Principles, Blockchainsure commits to resolve complaints about our collection or use of your personal information. EU individuals with inquiries or complaints regarding our Privacy Shield policy should first contact Blockchainsure at support(a)blockchainsure.com.
If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact support(a)blockchainsure.com. Under certain conditions, more fully described on the Privacy Shield website (https://www.privacyshield.gov/), you may be entitled to invoke binding arbitration when other dispute resolution procedures have been exhausted. In cases of onward transfer to third parties of data of EU individuals received pursuant to the EU-US Privacy Shield, Blockchainsure is potentially liable. You have the right to access your personal data and, under certain circumstances, limit the use and disclosure of your personal data, request deletion, and seek to correct any errors in your data. Please contact support(a)blockchainsure.com.
Specific note for EU employees - Blockchainsure commits to cooperate with the panel established by the EU data protection authorities (DPAs) and comply with the advice given by the panel with regard to human resources data transferred from the EU, in the context of the employment relationship.
Insurance Related Notices
These insurance-related notices provide additional information relevant to the products provided by Blockchainsure. In the event and to the extent these notices conflict with any federal or state laws or regulations, the latter shall govern.
Your Representations and Warranties
You represent and warrant that:
- You do not lack legal capacity to enter into a valid, binding and enforceable contract like an insurance policy;
- Your purchase of an insurance policy using the Services is voluntary; and
- You have an insurable interest in the property, assets, or life insured under an insurance policy you purchase using the Services, in that you have a financial or legally sufficient emotional interest that will be adversely affected by the happening of a fortuitous event with respect to which coverage is afforded under the terms and conditions of that insurance policy.