Terms of Service

Open Insurance provides an AI-powered system of record for commercial real estate insurance. The Platform transforms insurance policies, certificates of insurance, statements of value, loss runs, claims, and property data into organized, searchable information, and provides related analytics, benchmarking, and educational content.

The Service is intended for use by businesses and business professionals, including property owners, asset managers, property managers, lenders, insurance brokers, and risk consultants. You represent that you are using the Service for business purposes and not for personal, family, or household purposes.

Access to paid features of the Platform is provided under a separate ordering document, subscription agreement, or master services agreement between Open Insurance and a customer (each, a “Customer Agreement”). If you access the Platform under a Customer Agreement (whether as the customer or as a user authorized by the customer), the Customer Agreement governs to the extent it conflicts with these Terms, including with respect to fees, service levels, data ownership, data processing, confidentiality, warranties, indemnities, limitations of liability, governing law, and dispute resolution. Nothing in these Terms grants any right to access paid features of the Platform without a Customer Agreement.

Creating an account. Some features of the Service require an account. You agree to provide accurate and complete registration information and to keep it current. If your account is provisioned by an Open Insurance customer (for example, your employer), that customer may control and administer your account and access information associated with it.

Account security. You are responsible for keeping your login credentials confidential and for all activity under your account. Notify us immediately at legal@openinsured.com if you believe your account has been accessed without authorization. We are not liable for losses resulting from your failure to keep your credentials secure.

License. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes.

Restrictions. You may not, and may not permit anyone else to: (i) license, sell, rent, lease, transfer, assign, distribute, or otherwise commercially exploit the Service or any content on it; (ii) modify, create derivative works from, disassemble, decompile, or reverse-engineer any part of the Service; (iii) access the Service to build a similar or competing product or service; (iv) scrape, crawl, or use automated means to access the Service or extract data from it, except through interfaces we expressly provide; (v) use the Service or any output of the Service to train, fine-tune, validate, test, or improve any artificial intelligence system, other than as expressly permitted by a Customer Agreement; (vi) upload or transmit viruses, malware, or other harmful code, or interfere with the integrity or performance of the Service; (vii) attempt to gain unauthorized access to the Service or its related systems or networks; (viii) use the Service in violation of applicable law; or (ix) copy, reproduce, distribute, republish, download, display, post, or transmit any part of the Service except as expressly permitted by these Terms. All copyright and other proprietary notices must be kept intact on any permitted copies.

Changes to the Service. We may modify, suspend, or discontinue the Site or any free feature of the Service at any time, with or without notice, and we are not liable to you or any third party for doing so. Modifications to paid Platform features are governed by the applicable Customer Agreement.

Our ownership. All intellectual property rights in the Service and its content, including software, models, interfaces, designs, text, graphics, and trademarks, belong to Open Insurance or its licensors. These Terms do not transfer any ownership rights to you. All rights not expressly granted are reserved.

Customer Data. As between the parties, customers retain ownership of the documents and data they upload to the Platform (“Customer Data”). Customers grant Open Insurance the rights to host, process, transmit, display, and otherwise use Customer Data as necessary to provide the Service and as set out in the applicable Customer Agreement. We may create de-identified and aggregated data from Customer Data and use it for our lawful business purposes, including improving the Service and benchmarking, provided such data does not identify any customer or natural person, and subject to any different treatment in the applicable Customer Agreement.

Your responsibility for Customer Data. You represent that you have all rights, consents, and permissions necessary to upload Customer Data to the Platform and to grant the rights described above, and that Customer Data and your use of it through the Service do not violate applicable law or third-party rights.

Feedback. If you provide feedback or suggestions about the Service, you grant us a perpetual, irrevocable, worldwide, non-exclusive, fully paid, royalty-free license to use that feedback for any purpose, without attribution. Please do not submit feedback you consider proprietary or confidential.

Privacy. Our Privacy Policy describes the personal information we collect, how we use it, and the circumstances in which we share it, and our Cookie Policy describes our use of cookies and similar technologies. The Privacy Policy and Cookie Policy are notices, not contracts, but we encourage you to read them. Disputes relating to the Privacy Policy or the Cookie Policy are subject to Section 15 (Dispute Resolution; Arbitration Agreement). If there is a conflict between these Terms and the Privacy Policy with respect to personal information, the Privacy Policy controls.

Data protection and security. We maintain an information security program with technical, organizational, and physical safeguards designed to protect Customer Data and the personal information we process, appropriate to the nature and sensitivity of that information. This program includes SOC 2 Type II examinations by an independent auditor, encryption of data at rest and in transit using 256-bit AES encryption and modern transport-layer security, logically isolated customer environments, role-based access controls limiting access to personnel who need it under confidentiality obligations, audit logging of activity within the Platform, and security assessment of the service providers that process data on our behalf. If we become aware of a breach of security affecting your Customer Data or personal information, we will notify you as required by applicable law. Additional or different data processing and security obligations for paid Platform customers, including any data processing addendum, may be set out in the applicable Customer Agreement, which controls to the extent of any conflict. No method of transmission or storage is completely secure, and you are responsible for maintaining the security of your own systems, networks, and account credentials.

THE SERVICE, INCLUDING ANY ANALYTICS, EXTRACTED DATA, COVERAGE OR GAP ANALYSES, BENCHMARKING, PRICING INTELLIGENCE, RISK REVIEWS, AND EDUCATIONAL CONTENT, IS PROVIDED FOR INFORMATIONAL AND ANALYTICAL PURPOSES ONLY. IT DOES NOT CONSTITUTE INSURANCE, LEGAL, FINANCIAL, ACTUARIAL, OR OTHER PROFESSIONAL ADVICE, AND IT IS NOT A SUBSTITUTE FOR REVIEW OF ACTUAL POLICY TERMS OR THE ADVICE OF A LICENSED INSURANCE PROFESSIONAL, BROKER, OR ATTORNEY. Open Insurance is not an insurance carrier and is not a licensed insurance producer, agent, broker, consultant, or advisor in any jurisdiction. Open Insurance does not, through the Service or otherwise, sell, solicit, negotiate, recommend, or advise on the purchase or placement of insurance, underwrite risks, adjust claims, or bind coverage. Feature names such as “AI Risk Consultant” and “Pricing Intelligence” describe software functionality only, and no use of the Service creates a producer-client, broker-client, advisory, or fiduciary relationship between you and Open Insurance. Insurance Academy and other educational content is general information only. Coverage determinations are made solely by the terms of the applicable insurance policies and the parties to them. You are responsible for evaluating and validating all outputs of the Service before relying on them.

AI-generated outputs. Portions of the Service use artificial intelligence, machine learning, and optical character recognition to extract and analyze data. Such outputs are generated using statistical and probabilistic methods and may contain inaccuracies or omissions. It is your responsibility to review outputs against source documents before making decisions based on them.

Third-Party Services. The Service may include links to or integrations with third-party websites or services (“Third-Party Services”). We do not control, endorse, or take responsibility for any Third-Party Services. Your use of Third-Party Services is at your own risk and subject to the applicable third party’s own terms and privacy practices.

Copyright complaints (DMCA). If you believe content on the Service infringes your copyright, please send a notice that complies with 17 U.S.C. § 512(c)(3) to our designated agent at legal@openinsured.com with the subject line “DMCA Notice.” Your notice must include: identification of the copyrighted work claimed to have been infringed; identification of the allegedly infringing material and information reasonably sufficient to locate it; your contact information; a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law; a statement, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the owner’s behalf; and your physical or electronic signature. We will respond to compliant notices, including by removing or disabling access to allegedly infringing material where appropriate, and we will terminate the accounts of repeat infringers in appropriate circumstances.

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Open Insurance and its officers, directors, employees, and agents from any third-party claims and reasonable costs and attorneys’ fees arising out of (i) Customer Data you upload, (ii) your violation of these Terms, or (iii) your violation of applicable law or third-party rights. We may participate in the defense of any such claim with counsel of our choosing at our own expense; if we assume control of the defense, you remain responsible for amounts finally awarded against you or agreed in settlement. We will not settle any such claim in a manner that imposes obligations on you without your consent, and you will not settle any such claim without our consent, in each case such consent not to be unreasonably withheld. You agree to cooperate with the defense of any such claim. This Section does not apply to the extent an applicable Customer Agreement provides a different indemnification arrangement.

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, OPEN INSURANCE AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR HARMFUL CODE, OR THAT ANY DATA EXTRACTION, ANALYSIS, OR OTHER OUTPUT WILL BE ACCURATE OR COMPLETE. WHERE APPLICABLE LAW REQUIRES WARRANTIES, THEY ARE LIMITED TO 90 DAYS FROM YOUR FIRST USE OF THE SERVICE. ANY WARRANTIES EXPRESSLY SET OUT IN A CUSTOMER AGREEMENT APPLY AS STATED THERE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) OPEN INSURANCE AND ITS SUPPLIERS WILL NOT BE LIABLE FOR ANY LOST PROFITS, LOST DATA, LOSS OF COVERAGE OR UNINSURED OR UNDERINSURED LOSSES, COSTS OF SUBSTITUTE PRODUCTS OR SERVICES, OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF (OR INABILITY TO USE) THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING UNDER THESE TERMS IS CAPPED AT THE GREATER OF (i) $100 USD AND (ii) THE AMOUNT YOU PAID TO OPEN INSURANCE UNDER THESE TERMS IN THE TWELVE (12) MONTHS BEFORE THE INCIDENT GIVING RISE TO THE CLAIM. THE EXISTENCE OF MULTIPLE CLAIMS DOES NOT INCREASE THIS CAP. IF YOU ACCESS THE PLATFORM UNDER A CUSTOMER AGREEMENT, ANY LIABILITY PROVISIONS IN THAT CUSTOMER AGREEMENT GOVERN CLAIMS ARISING UNDER IT. THE LIMITATIONS IN THIS SECTION APPLY IN NEW JERSEY TO THE FULLEST EXTENT PERMITTED BY NEW JERSEY LAW, AND NOTHING IN THESE TERMS LIMITS LIABILITY FOR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR ANY OTHER LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.

These Terms remain in effect while you use the Service. We may suspend or terminate your access to the Service (including suspending or deleting your account) at any time and for any reason, including if we believe you have violated these Terms; termination of Platform access provided under a Customer Agreement is governed by that agreement. We are not liable to you for any such suspension or termination. Upon termination, your license under Section 5 ends immediately, and the following provisions survive: the Restrictions in Section 5, Sections 6 and 8, the copyright complaint provisions of Section 9, Sections 10 through 12, this sentence, and Sections 14 through 16.

California. California residents may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, at 1625 N. Market Blvd., Suite N112, Sacramento, CA 95834, or by phone at (800) 952-5210. To file a complaint regarding the Service or receive further information, contact us at legal@openinsured.com. California residents may have rights under the California Consumer Privacy Act, as amended; see our Privacy Policy.

Other states. Residents of states with comprehensive privacy laws (including Colorado, Connecticut, Delaware, New Jersey, Oregon, Texas, and Virginia) may have rights of access, correction, deletion, portability, and opt-out as described in our Privacy Policy.

Please read this section carefully. It affects your legal rights, including your right to sue in court and your right to a jury trial.

Applicability. Except as described below, you and Open Insurance agree to resolve all disputes arising out of or relating to the Service or these Terms through binding individual arbitration, not in court. Exceptions: (i) claims that qualify for small claims court, brought on an individual basis; and (ii) requests for injunctive or other equitable relief related to intellectual property (such as trademarks, trade secrets, or copyrights), which either party may bring in any court of competent jurisdiction. This arbitration agreement applies to claims arising out of your prior use of the Service. This arbitration agreement does not apply to disputes governed by a Customer Agreement that contains its own dispute resolution provision.

Informal resolution first. Before starting arbitration, the parties agree to try to resolve the dispute informally. The party raising the dispute must send written notice to the other party describing the dispute and the relief sought. Open Insurance’s notice address is legal@openinsured.com. Within 45 days of receipt of the notice, the parties will confer in good faith by phone or video to try to resolve the dispute. If the dispute is not resolved within 60 days of the notice, either party may commence arbitration. The statute of limitations and any contractual filing deadlines are tolled while this informal resolution process is pending.

Arbitration rules. Arbitration will be administered by JAMS (www.jamsadr.com) under its Streamlined Arbitration Rules for claims under $250,000 (excluding fees and interest) and its Comprehensive Arbitration Rules for larger claims, in each case as modified by these Terms. Unless the parties agree otherwise, the arbitration will be conducted in the county where you reside or by videoconference. Arbitration materials and proceedings are confidential to the extent permitted by law. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement.

Authority of the arbitrator. The arbitrator has authority to resolve all arbitrable disputes, including questions about the scope and enforceability of this arbitration agreement, except that a court (not the arbitrator) will decide: (i) challenges to the class action waiver below; (ii) disputes about arbitration fees; (iii) whether a condition precedent to arbitration has been satisfied; and (iv) which version of this agreement applies. The arbitrator may award the same relief as a court, but only on an individual basis. The arbitrator’s award is final and binding, and judgment may be entered in any court with jurisdiction.

Waiver of jury trial. BY AGREEING TO ARBITRATION, YOU AND OPEN INSURANCE WAIVE THE RIGHT TO A TRIAL BY JUDGE OR JURY FOR ALL COVERED CLAIMS.

Waiver of class actions. ALL DISPUTES MUST BE BROUGHT ON AN INDIVIDUAL BASIS. NEITHER YOU NOR OPEN INSURANCE MAY BRING CLAIMS AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING. The arbitrator may award relief only on an individual basis. If a court finds this class action waiver unenforceable as to a specific claim, that claim (and only that claim) may be litigated in the state or federal courts identified in Section 16; all other claims remain subject to arbitration.

Batch arbitration. If 25 or more substantially similar arbitration demands are filed against Open Insurance within a 90-day period by the same law firm or coordinated group of firms, the parties agree to request that JAMS administer them in batches of up to 25, with one arbitrator appointed and one set of administrative fees assessed per batch. If JAMS declines to administer batching, JAMS’s then-current mass arbitration procedures and fee schedule apply. The statute of limitations and any filing-fee deadlines are tolled for claims in queued batches. If this batch arbitration provision is found unenforceable, it will be severed and the remainder of this arbitration agreement remains in effect.

Fees; attorneys’ fees. Payment of JAMS filing, administrative, and arbitrator fees will be governed by the applicable JAMS rules, including, where applicable, the JAMS Consumer Arbitration Minimum Standards. If you are an individual and those standards apply, you will pay no more than the then-current JAMS filing fee for consumers, and Open Insurance will pay the remaining JAMS administrative and arbitrator fees, except as JAMS rules or applicable law provide otherwise. Each party bears its own attorneys’ fees unless the arbitrator finds a claim was frivolous or brought for an improper purpose, or applicable law provides otherwise.

Opt-out. You may opt out of this arbitration agreement within 30 days after the date you first create an account, click to accept these Terms, or otherwise first agree to them, whichever occurs first, by sending written notice to legal@openinsured.com with the subject line “Arbitration Opt-Out.” Your notice must include your name, the email address associated with your use of the Service, and a clear statement that you wish to opt out of this arbitration agreement. An opt-out under a prior version of these Terms remains effective for later versions. Opting out does not affect any other part of these Terms.

Changes to this arbitration agreement. Changes to this arbitration agreement do not apply to any dispute of which either party had notice before the change’s effective date. If we make a material change to this arbitration agreement, you will have a new 30-day period to opt out of the change, measured from the effective date of the change.

Severability. If any part of this arbitration agreement is found invalid or unenforceable, it will be modified to the minimum extent necessary to make it enforceable, and the remainder remains in effect.

Governing law and venue. These Terms and any dispute arising out of or related to these Terms or the Service are governed by the laws of the State of New Jersey, without regard to its conflict-of-law principles, except that the Federal Arbitration Act governs Section 15 (Dispute Resolution; Arbitration Agreement). For any claim or dispute not subject to arbitration under Section 15, you and Open Insurance irrevocably consent to the exclusive jurisdiction and venue of the state and federal courts located in New Jersey.

Changes to these Terms. We may update these Terms from time to time. If we make material changes, we will notify you in advance by email (at the address on file) or by a prominent notice on the Service, and the changes will take effect on the date stated in the notice (at least 30 days after notice for material changes, unless a shorter period is required to comply with law or address security). We will update the effective date above. Your continued use of the Service after the effective date of updated Terms means you accept them.

Electronic communications. By using the Service, you consent to receiving communications from us electronically (by email or notices posted on the Service). Electronic communications satisfy any legal requirement that communications be in writing.

Export. You agree not to export, re-export, or transfer any technical data or software from the Service in violation of U.S. export control laws or other applicable regulations.

Accessibility. We are committed to making the Site usable for as many people as possible. If you experience difficulty accessing the Site, contact us at legal@openinsured.com and we will make reasonable efforts to address the issue promptly.

Entire agreement; miscellaneous. These Terms and, where applicable, a Customer Agreement are the entire agreement between you and Open Insurance regarding your use of the Service. If any provision of these Terms is found invalid or unenforceable, it will be modified to the minimum extent necessary to be valid, and the remaining provisions continue in effect. Our failure to enforce any provision is not a waiver. The word “including” means “including without limitation.” You may not assign these Terms without our prior written consent; we may assign them freely, and these Terms bind permitted assignees.

Copyright and trademarks. © 2026 Open Insurance Inc. All rights reserved. All trademarks, logos, and service marks displayed on the Service are owned by Open Insurance or third parties, and you may not use them without the owner’s prior written consent.

Contact. legal@openinsured.com