By accessing this Website or using the Services, you agree to be bound by and comply with the following Terms of Use, including the Privacy Policy (collectively, the “Terms of Use”). Please read the Terms of Use carefully. If you do not agree with these Terms of Use, you are not permitted to use this Website or the Services in any way and must cease accessing them immediately.
These Terms of Use govern your use of the Website and the Services and constitute a binding agreement between us and you. You confirm that you have read, understood and agreed to the Terms of Use.
We reserve the right, at our own discretion, to update and modify these Terms of Use at any time without prior notice. By continuing to use this Website or the Services following any such modifications, you agree to be bound by the updated Terms of Use.
FountAI, Inc. (“Fount,” “we,” “us,” or “our”) provides a B2B software platform that enables insurance carriers, managing general agents (MGAs), and brokers to optimize their marketing and distribution operations through AI-powered tools and analytics (the “Services”). The Services include, without limitation, AI agents for marketing management, audience segmentation, lead scoring, identity resolution, performance analytics, experimentation, and reporting, as well as collaborative workflow tools and any related APIs or integrations.
The Services are intended solely for use by authorized business representatives of organizations operating in the insurance industry. By accessing the Services, you represent that you are acting on behalf of such an organization and have the authority to bind that organization to these Terms.
To access certain features or functionalities of the Services you will be required to register for a user account (“User Account”). During registration you are required to provide accurate, complete and current information about yourself and your organization as requested. You may not misrepresent your identity, your organization, or your affiliation with any person or entity.
You are solely responsible for maintaining the confidentiality and integrity of your account credentials. You understand and agree that any activity occurring under your User Account shall be deemed to have been carried out by you, and you shall be solely liable for such activity. You agree to notify us immediately of any unauthorized use of your User Account.
Unless expressly authorized by us or permitted under your subscription plan, you may not create multiple User Accounts for the same individual or share account credentials across multiple users.
User Accounts may vary as to the scope of the Services assigned by us and as to the charges payable for such scope.
By subscribing for a User Account of a certain type you agree to pay all associated charges and not to exceed the scope of the Services that you have subscribed for, as to features, functionality, data volumes, or usage limits.
Any use of the Website or of the Services other than as permitted under these Terms of Use constitutes a violation of these Terms. You agree not to abuse, disrupt, or interfere with the Services in any way, and not to allow use by others in such a way as to violate these Terms.
In particular, but without limitation, you agree not to do any of the following: (i) use the Website or the Services to engage in any activity that constitutes direct competition with the Services; (ii) impersonate us or any person or entity, or misrepresent your affiliation with any person or entity; (iii) use the Website or the Services as a forwarding service to another website; (iv) use any method to intercept or expropriate any system data or information from the Website without our express written permission; (v) use any robot, spider, or other automated device, or manual process to crawl, index, or copy Website content without our express written permission; (vi) use the Website or the Services to harass any person or entity; (vii) gain unauthorized access to other computers or networks; (viii) collect or store personal data about other users without their authorization; (ix) transfer any information held by a third party without that party’s knowledge or consent; (x) engage in any activity that disrupts or places undue burden on the Services or interferes with other users’ ability to use the Services; (xi) make harmful automated use of the Website or the Services; (xii) transmit spam or unsolicited commercial communications; (xiii) upload or transmit any malware, viruses, or malicious code; (xiv) contravene any requirements, procedures, policies or regulations of networks associated with the Services.
You agree not to use the Services or the Website to engage in any activity that is unlawful under the laws of any jurisdiction to which you or we may be subject, or that violates any applicable local, state, national or international law or regulation.
In particular, you agree to comply with all applicable laws and regulations regarding data privacy, online conduct, the transmission of technical data, and the conduct of insurance marketing and distribution activities, including any applicable state insurance regulations.
We reserve the right to report any wrongdoing that we become aware of to applicable government or regulatory agencies, or to take such other action as is permitted by law.
Unless permitted by your subscription plan or expressly authorized by us in writing, you agree not to license, sell, resell, transfer, sublicense, or otherwise exploit the Services or the Website for commercial purposes beyond your own internal business use. You agree not to engage in any commercial activities within the Services, including promoting or advertising third-party products or services without our express written consent.
You retain all right, title and interest in and to any data, files, or other content that you or your organization submit to the Services in connection with your use (“Client Data”). We do not claim ownership of Client Data.
By submitting Client Data to the Services, you grant us a limited, non-exclusive license to access, process, and use Client Data solely to provide, maintain, and improve the Services for your benefit and as otherwise described in our Privacy Policy.
You represent and warrant that you have all necessary rights, consents, and permissions to submit Client Data to the Services and to grant us the license described above, and that doing so does not violate any applicable law, regulation, or third-party rights.
We will handle Client Data in accordance with our Privacy Policy and any data processing agreement entered into between your organization and us. We implement reasonable technical and organizational measures to protect Client Data against unauthorized access, loss, or disclosure.
We have no control over the content of any hyperlinked third-party websites and shall have no obligation to review the content of such sites.
We make no representations or endorsements regarding the quality, safety, accuracy, reliability, completeness, or usefulness of any third-party content or websites accessible through links on the Website. You agree that you must evaluate and bear all risks associated with your use of any third-party websites, and that you are responsible for reviewing and complying with their respective terms of use.
We may, immediately and without notice, suspend or terminate your User Account or your access to all or part of the Services if we determine in our sole discretion that you have violated these Terms. We shall not be liable to you or any third party for any such suspension or termination.
You may discontinue your use of the Services at any time but will remain liable for any outstanding charges due to us at the time of discontinuation.
We reserve the right, in our sole discretion and at any time, to modify, suspend or discontinue the Services or any part thereof, with or without notice to you.
We shall have no liability for any modification, suspension or discontinuance of the Services, or for any scheduled or unplanned system outages, including those resulting from third-party acts or outages of web host providers or Internet infrastructure external to the Website and the Services.
You acknowledge and agree that we own all right, title and interest, including without limitation all intellectual property rights, in and to the Website and the Services, including the software, algorithms, AI models, analytics methodologies, designs, and all content of the Website and the Services other than Client Data or content owned by third parties. The Website and Services are protected by United States and international copyright and trademark laws.
You acknowledge and agree that our name, logo, and brand elements are our trademarks. You are not authorized to use any such trademarks, whether registered or unregistered, without our express prior written consent. Ownership of all such trademarks and the goodwill associated therewith remains with us.
Nothing in these Terms shall be construed as granting any right or license with regard to any content, material or trademark contained, used or displayed on the Website or through the Services without the express prior written permission of the rights owner.
You agree not to: (i) copy, reproduce, publish, adapt, modify, or distribute any parts of the Website or the Services without our express prior written consent; (ii) decompile, reverse engineer, disassemble, or attempt to derive source code from the Services or related software; (iii) remove, obscure, or alter any copyright notice, trademark, or other proprietary rights notice contained within the Website or the Services.
You acknowledge and agree that rights in any third-party content presented to you through the Services or contained on the Website, including copyright, trademarks, logos, service marks, patents or other proprietary rights not owned by us, belong to their respective owners.
Your privacy is important to us. Information collected during your use of the Website and Services is subject to our Privacy Policy. Your use of the Services constitutes your acceptance of our Privacy Policy.
You understand and expressly agree that we provide the Services and the Website “as is” and “as available”.
We expressly disclaim, to the fullest extent permitted by law, all warranties of any kind, whether express or implied, including without limitation any implied warranties of merchantability, fitness for a particular purpose, accuracy of content and non-infringement of proprietary rights.
We make no warranty that the Services will meet your requirements, or that the Website or the Services will be available at any given time, uninterrupted, timely, secure, accurate or error-free. We make no warranty that any defects or errors in the software will be corrected.
We make no warranty as to the results that may be obtained from the use of the Website or the Services, or as to the accuracy or reliability of any information obtained through the Website or the Services.
No advice or information, whether oral or written, obtained by you from us or through the Services shall create any warranty not expressly stated herein.
Your use of the Website and the Services is at your sole risk. You assume responsibility for any loss or damage that may result from your use of the Website or the Services.
To the extent permitted under applicable law, in no event will we or our officers, employees, directors, shareholders, parents, subsidiaries, affiliates, agents, licensors, suppliers or representatives be liable to you or to any third party under any theory of liability (whether based on warranty, contract, tort including negligence and strict liability, or otherwise) for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of revenues, profits, goodwill, use, data, or other intangible losses, even if advised of the possibility of such damages, resulting from your or any third party’s use or misuse of the Services or the Website.
Such limitation of liability shall apply whether the damages arise from use or misuse of, or reliance on, the Services or the Website; inability to use the Services or the Website; interruption, suspension, or termination of the Services; unauthorized access to or alteration of your transmissions or data; loss of data or damage to your computer system; statements or conduct of any third party; or any other matter relating to the Website or the Services.
Notwithstanding the foregoing, our total cumulative liability to you for any cause and under any legal theory will be limited to the amount paid by you to us for your use of the Services in the twelve (12) months immediately preceding the event giving rise to the claim.
This disclaimer is made, and liability is limited, to the fullest extent permitted by law. Some jurisdictions may not allow the disclaimer of certain warranties or the exclusion or limitation of liability for incidental or consequential damages, in which case some of the limitations and disclaimers in these Terms may not apply to you.
You are solely responsible for your actions and for your User Account when using the Website and the Services. You agree to indemnify, defend, and hold harmless our parents, subsidiaries, affiliates, officers, directors, employees, consultants, advisors, agents and shareholders from and against any and all claims, demands, actions, damages, losses, costs, expenses, and fees (including reasonable attorneys’ fees) that may be incurred as a result of or arising from: (i) your use of the Website or the Services; (ii) your violation of these Terms; (iii) your violation of any applicable laws or regulations; (iv) your violation of any rights of any third party; or (v) any of the above carried out from your User Account.
We shall conduct our defense in any such third-party claim or proceeding in our sole discretion and you shall fully cooperate with us for such purpose.
These Terms of Use and any disputes arising out of or relating to the Website, the Services, or the relationship between you and us shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles. The state and federal courts located in New York, New York shall have exclusive jurisdiction over any such disputes, and you hereby consent to the personal jurisdiction of those courts.
Any claim or cause of action arising out of or related to use of the Website, the Services, or these Terms must be filed within one (1) year after such claim or cause of action arose, or be forever barred.
Entire Agreement. These Terms of Use and any documents expressly incorporated by reference, including the Privacy Policy, constitute the entire agreement between you and us with respect to the subject matter hereof. Unless otherwise specifically stated in writing, there are no other terms, conditions, or obligations between the parties relating to the use of the Website or the Services.
Relationship. No agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms. This agreement is between you and us and is not intended for the benefit of any third party.
Third-Party Disputes. If any dispute arises between you and any third party, we are under no obligation to become involved, and you hereby release us from any and all liability arising out of or related to such disputes.
Headings. The section headings in these Terms are for convenience only and have no legal or contractual effect.
Survival. Provisions regarding intellectual property rights, representations and warranties, limitations on liability, and indemnification shall survive any termination of your use of the Services.
Severability. If any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
Waiver. Any waiver of any provision of these Terms will be effective only if made in writing and signed by us. Any delay or failure by us to exercise or enforce any right or provision shall not constitute a waiver thereof.
Assignment. You may not assign your rights or delegate your responsibilities under these Terms without our express written permission. We may assign our rights or delegate our obligations at any time without notice to you.
We may send notices to you by posting a notice on the Website (deemed received upon your next access of the Website or use of the Services) or via email to the address associated with your User Account (deemed received on the following business day).