ECIW Terms of Service

These Terms govern your access to and use of the Service. By registering for an account, clicking “I Accept”, signing an order form referencing these Terms, or otherwise accessing the Service, you represent that:

• you are at least eighteen (18) years of age;
• you are a duly licensed insurance producer, broker, agency representative, or are otherwise authorized under applicable law to collect insurance information from clients in the jurisdictions in which you operate;
• you have full authority to bind yourself and (if applicable) the entity on whose behalf you are accessing the Service to these Terms; and
• your use of the Service complies with all applicable laws, regulations, and the licensing requirements of every state or jurisdiction in which you transact insurance.

If you do not agree to these Terms, you must not access or use the Service. We may update these Terms from time to time; material changes will be posted at this URL with a revised “Last updated” date and, where appropriate, notified to you by email or in-product notice. Your continued use of the Service after changes take effect constitutes your acceptance of the revised Terms.

ECIW is a software-as-a-service client intake form tool designed for Property & Casualty (P&C) insurance brokers. The Service helps brokers:

• create and send carrier-aligned client intake forms via secure, token-based share links;
• capture personal and commercial lines submission data (including auto, home, BOP, GL, umbrella, workers’ compensation, cyber, and similar lines);
• accept supporting attachments (driver licenses, photos, declarations pages); and
• export submission packets as PDF documents for delivery to underwriters or carrier portals.

As the licensed professional, you are solely and exclusively responsible for the accuracy, completeness, and lawful use of all information collected, generated, or transmitted through the Service. This includes, without limitation, responsibility for:

• Accuracy of data. Verifying that all information entered by you, your staff, or your clients is correct, current, and complete before submitting it to a carrier or underwriter;
• Insurance compliance. Complying with all applicable federal, state, and local insurance laws and regulations, including state producer licensing requirements, rebating and anti-rebating rules, surplus lines diligence, fee disclosure, replacement disclosures, and any other requirements imposed by your state department of insurance or by carrier appointments;
• Consumer-protection laws. Complying with the Gramm-Leach-Bliley Act (GLBA), the Fair Credit Reporting Act (FCRA) where applicable, the federal CAN-SPAM Act, the Telephone Consumer Protection Act (TCPA), state privacy statutes (e.g., the CCPA/CPRA, the New Jersey Insurance Information Privacy Protection Act), and any sector-specific rules that apply to the data you collect;
• Client consent & disclosures. Obtaining all necessary consents from clients before collecting, transmitting, or storing their nonpublic personal information through the Service, and providing your own privacy notices and disclosures as required by law;
• Account security. Maintaining the confidentiality of your login credentials, immediately notifying us of any unauthorized access, and ensuring that every individual who accesses the Service under your account is properly authorized; and
• Carrier relationships. Independently confirming that any submission, packet, or document generated by the Service satisfies the format, content, and delivery requirements of the receiving carrier or underwriter.

ECIW Systems does not review, validate, or audit the data you enter or transmit and has no obligation to do so. You bear full professional responsibility for every quote, binder, policy, recommendation, or coverage decision arising out of data captured through the Service.

Broker owns Client Data. As between you and ECIW Systems, you (or your client, where applicable) retain all right, title, and interest in and to the personal and business information that you, your staff, or your clients submit through the Service (“Client Data”). We claim no ownership of Client Data.

ECIW Systems as service provider. ECIW Systems acts as your service provider and processes Client Data solely on your behalf and under your instructions in order to operate, maintain, secure, and improve the Service. With respect to “nonpublic personal information” as defined under the Gramm-Leach-Bliley Act (15 U.S.C. § 6801 et seq.) and its implementing regulations, ECIW Systems functions as a service provider to the Broker (the financial institution) and maintains administrative, technical, and physical safeguards reasonably designed to:

• protect the security and confidentiality of Client Data;
• protect against anticipated threats or hazards to the security or integrity of Client Data; and
• protect against unauthorized access to or use of Client Data that could result in substantial harm or inconvenience to a consumer.

License to operate. You grant ECIW Systems a limited, worldwide, non-exclusive, royalty-free license to host, store, transmit, display, copy, and process Client Data solely as necessary to provide the Service, perform our obligations under these Terms, comply with law, and produce aggregated, de-identified analytics that cannot reasonably be used to identify any individual or your firm.

No sale of personal information. ECIW Systems does not sell Client Data and does not share Client Data with third parties for their independent marketing purposes.

Our handling of personal information is further described in our Privacy Policy and our Written Information Security Program (WISP), each of which is incorporated into these Terms by reference.

Plans & fees. The Service is offered on a subscription basis under the plans described on our Pricing page or in a separately signed order form. Fees are stated in U.S. dollars and are exclusive of any applicable taxes, levies, or duties, all of which are your responsibility (other than taxes based on ECIW Systems’ net income).

Free trial. Where offered, free trials are provided on an “as-is” basis for evaluation only. We may modify or terminate any free trial at any time without notice.

Recurring billing. Subscriptions renew automatically at the end of each billing period (monthly or annual, as selected) at the then-current rate, unless cancelled by you before the renewal date. By providing a payment method you authorize ECIW Systems (and its payment processor) to charge that method for all applicable fees and taxes on each renewal.

Late payment. If a charge fails or is reversed, we may suspend the Service until the balance is paid in full and may charge interest on past-due amounts at the lower of 1.5% per month or the maximum rate allowed by law.

Cancellation. You may cancel your subscription at any time from the broker dashboard. Cancellation takes effect at the end of the current billing period; you will continue to have access through that period and may export your data as a PDF or JSON file before access ends.

No refunds. Except where required by applicable law or expressly stated in writing by ECIW Systems, all fees are non-refundable, including for partial months or unused portions of an annual term.

Pricing changes. We may change pricing for future renewal periods on at least thirty (30) days’ prior notice. Pricing changes do not affect the current paid term.

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.

To the maximum extent permitted by applicable law, ECIW Systems expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including without limitation:

• any implied warranty of merchantability, fitness for a particular purpose, non-infringement, or quiet enjoyment;
• any warranty that the Service will be uninterrupted, error-free, secure, timely, or free from viruses or harmful components;
• any warranty that data, intake answers, packets, or PDFs produced by the Service are accurate, complete, current, sufficient for any underwriter or carrier, or compliant with any specific regulatory requirement; and
• any warranty regarding the issuance, availability, terms, pricing, or sufficiency of any insurance policy or coverage.

No advice, information, or output obtained through the Service creates any warranty not expressly stated in these Terms. ECIW Systems does not guarantee any outcome with respect to insurance applications, premiums, quotes, binders, policies, claims, renewals, or coverage. You assume full responsibility for the use of the Service and any reliance placed on it.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ECIW SYSTEMS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY:

• indirect, incidental, special, consequential, exemplary, or punitive damages;
• lost profits, lost revenue, lost business, lost commissions, lost goodwill, or loss of anticipated savings;
• loss of, corruption of, or inability to access data;
• cost of substitute products or services; or
• damages arising from any uninsured loss, denied claim, declined coverage, mispriced premium, or coverage gap,

in each case arising out of or relating to these Terms or your use of (or inability to use) the Service, whether based in contract, tort (including negligence), strict liability, statute, or any other legal theory, and whether or not we have been advised of the possibility of such damages.

Some jurisdictions do not allow the exclusion or limitation of certain damages; in those jurisdictions, the limitations above apply to the maximum extent permitted by law. The parties acknowledge that the foregoing limitations are an essential basis of the bargain and would not enter into these Terms without them.

You agree to defend, indemnify, and hold harmless ECIW Systems and its affiliates, officers, directors, employees, contractors, agents, and licensors (the “Indemnified Parties”) from and against any and all claims, demands, suits, proceedings, liabilities, damages, judgments, awards, fines, penalties, losses, costs, and expenses (including reasonable attorneys’ fees and court costs) arising out of or relating to:

• your or your authorized users’ use of, or inability to use, the Service;
• your breach of these Terms or violation of any law, regulation, or third-party right;
• the accuracy, completeness, lawfulness, or use of any Client Data, intake submission, PDF packet, or other content transmitted through your account;
• any insurance application, quote, binder, policy, claim, coverage decision, or alleged errors-and-omissions arising from data captured or transmitted through the Service;
• any failure by you to obtain proper consent from a client for the collection, transmission, or storage of their information; and
• your negligence, willful misconduct, or fraud.

ECIW Systems will provide you with prompt notice of any covered claim and reasonable cooperation, at your expense. You may not settle any claim that imposes any obligation on or admits liability of any Indemnified Party without our prior written consent.

You agree to use the Service only for lawful, professional purposes consistent with these Terms. You will not, and will not permit any third party to:

• upload, transmit, or store data unlawfully obtained, or transmit any data without the necessary consents from the individuals it concerns;
• use the Service to send unsolicited communications, spam, or marketing in violation of CAN-SPAM, TCPA, or similar laws;
• impersonate any person or entity, misrepresent an affiliation, or fabricate intake records or signatures;
• upload viruses, malware, ransomware, or any code intended to disrupt, damage, or limit the Service or any other system;
• attempt to probe, scan, or test the vulnerability of the Service, breach security or authentication measures, or obtain unauthorized access to any portion of the Service or related systems;
• reverse-engineer, decompile, disassemble, or attempt to derive the source code, models, or underlying ideas of the Service, except to the extent expressly permitted by law;
• rent, lease, sublicense, sell, resell, or commercially exploit the Service, or use it to build or train a competing product or service;
• use the Service to provide insurance advice or transact insurance in any jurisdiction in which you are not properly licensed; or
• use automated systems (bots, scrapers) to access the Service in a manner that sends more requests than a human can reasonably produce, or otherwise interferes with normal operation.

We may investigate suspected violations and may suspend or terminate accounts found to be in breach of this Acceptable Use Policy.

Termination by you. You may stop using the Service at any time and may cancel your subscription as described in Section 5.

Termination by ECIW Systems. We may suspend or terminate your access to the Service, in whole or in part, at any time and without prior notice if we reasonably believe that:

• you are in breach of these Terms;
• your use of the Service threatens the security, integrity, or availability of the Service or other users;
• we are required to do so by law, regulation, or order of a competent authority; or
• your account has been inactive for an extended period or fees are past due.

Effect of termination. Upon termination, your right to access the Service ceases immediately. Within thirty (30) days of termination, you may request an export of Client Data; after that period we may delete Client Data from production systems in the ordinary course, subject to applicable retention obligations and routine backups.

Survival. Sections that by their nature should survive termination (including Sections 3, 4, 6, 7, 8, 9, 11, and any accrued payment obligations) will survive.

These Terms and any dispute, claim, or controversy arising out of or relating to them or to the Service (whether based in contract, tort, statute, or otherwise) are governed by and construed in accordance with the laws of the State of New Jersey, United States, without regard to its conflict-of-laws principles.

You agree that the exclusive venue for any action arising out of or relating to these Terms or the Service shall be the state and federal courts located in New Jersey, and you irrevocably consent to the personal jurisdiction of those courts. Each party waives any right to a jury trial to the extent permitted by applicable law.

If any provision of these Terms is held by a court of competent jurisdiction to be unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall remain in full force and effect.