These Terms are an agreement between EGEAN InsureTech Inc. (“Egean”, “we”) and the organisation that subscribes to Egean (the “Customer”, “you”). They also bind everyone the Customer lets use the Service (“Users”). By subscribing or using the Service, you accept these Terms. If you accept for an organisation, you confirm you can bind it.
1. The Service
Egean is software for insurance advisors, agencies and MGAs. It covers clients, policies, commissions, meetings, communications, documents, quoting tools and an AI assistant (the “Service”).
- Changes. We improve the Service over time. We will not materially reduce the core features of a paid subscription during a billing period you have paid for.
- Early-access features. These are labelled as such. They are provided as-is and may change or end.
2. Accounts
- Your administrators create Users and assign roles. You are responsible for all activity under your accounts.
- Accounts are personal. Users must not share them and must use multi-factor authentication.
- Report suspected unauthorised access promptly to support@egean.ca.
3. Your responsibilities as an insurance business
- Your clients, your data. You decide what client information to collect and why. You are responsible for your lawful basis, your consents, and your own privacy notices to clients.
- Your messages. Email, texts and invitations sent through the Service are sent by you. You are responsible for complying with Canada’s anti-spam law (CASL) and other messaging rules.
- You are the licensed professional. Quotes, calculations, commission figures and AI output are tools, not advice. You remain responsible for suitability, disclosure, licensing and record-keeping. Verify important figures against carrier sources.
- Your entries. You are responsible for the accuracy of the data you enter or import.
4. Acceptable use
Do not:
- break the law, or send spam or unsolicited messages;
- upload malicious code;
- probe or test the Service’s security without our written permission;
- access another customer’s data;
- reverse-engineer the Service, except where the law allows;
- share or resell access outside your organisation;
- use the Service to build a competing product;
- use AI features for unlawful, deceptive or discriminatory content, or for automated decisions about a person’s insurance eligibility.
5. Your data
- Ownership. You own the data you put into the Service (“Customer Data”). You give us only the rights needed to host, process, secure and back it up in order to provide the Service, as our Privacy Policy describes.
- Our limits. We do not sell Customer Data. We do not use it for advertising or to train AI models. We do not use it, even in de-identified or combined form, to improve the Service. We access it only as needed to operate, secure, support and troubleshoot the Service for you.
- Our role. For Customer Data, we act as your service provider and follow your instructions: these Terms, and how you configure the Service.
- Regulators. If an insurance regulator or other authority lawfully requires records you hold in the Service, we will give you reasonable help to retrieve them. Where the law requires us to disclose Customer Data directly, we will tell you first, unless the law forbids it.
- Location. Customer Data is stored in Canada. Some service providers process limited data outside Canada, as the Privacy Policy explains.
6. Connected services
The Service can connect to other services, such as Google, Microsoft 365, payment, e-signature and carrier quoting services. Your use of those services is governed by their own terms.
We are not responsible for them, their availability, or changes they make that affect the connection. You may disconnect them at any time.
7. Fees and billing
- Subscriptions. Plans, seats and add-ons are monthly subscriptions in Canadian dollars. They are billed in advance and renew automatically each month until cancelled. Prices are those shown in the Service when you subscribe.
- Taxes. Applicable taxes (GST/HST, and PST where we are registered) are added.
- Allowances. Usage allowances, such as text messages, reset each period and do not carry over.
- Price increases. We will give at least 60 days’ notice before a price increase applies to you.
- Refunds. Fees paid are non-refundable, except as §13 provides or the law requires.
- Failed payments. If a payment fails, our payment processor retries it. If it still fails, the subscription ends, paid features stop, and your organisation moves to the free plan (§9).
- Invoiced customers. Customers paying by invoice (e-transfer or cheque) pay on the invoice terms. Access continues for the period paid.
8. Suspension
We may suspend access, with notice where practical, for any of these reasons:
- non-payment;
- a breach of §4;
- a security threat;
- a legal requirement.
We will restore access once the issue is resolved.
9. Cancellation, termination and your data
- Cancelling. You may cancel at any time. Cancellation takes effect at the end of the current billing period; paid features continue until then.
- Termination for breach. Either party may terminate for a material breach not fixed within 30 days of notice.
- When a subscription ends. Your organisation moves to our free plan. Paid features stop, but your Customer Data stays in the Service and you keep access to it.
- Getting your data out. You can export client files with the Service’s export tools, or ask us for a full copy in a commonly used format.
- Deletion. You may ask us at any time, at support@egean.ca, to delete your organisation’s Customer Data. We delete it within 30 days of confirming the request.
- Audit and consent records are kept where the law or regulators require.
- Backups roll off within 14 days.
- Your record-keeping duties. You are responsible for keeping records for as long as your own legal and regulatory obligations require (for insurance records, often 7 years or more). Export them before asking us to delete: after deletion, we cannot recover them.
- What survives. Sections 5, 9–12 and 14 survive termination.
10. Intellectual property
We own the Service, its software, design and documentation. You get a non-exclusive, non-transferable right to use it for your internal business during your subscription.
We may use feedback you give us without obligation to you.
11. Warranties and disclaimers
We will provide the Service with reasonable skill and care. Otherwise, to the extent the law permits, the Service is provided “as is” and “as available”. We disclaim implied warranties, including merchantability and fitness for a particular purpose. We do not guarantee uninterrupted or error-free operation.
We do not warrant that rates, quotes, carrier data, commission figures or AI output are complete or accurate.
12. Liability and indemnity
- No indirect losses. To the extent the law permits, neither party is liable for indirect, incidental, special or consequential losses, or for lost profits, revenue or goodwill.
- General cap. Each party’s total liability is capped at the fees you paid in the 12 months before the first event giving rise to the claim.
- Data-incident cap. For claims arising from a security incident involving Customer Data, our total liability is capped at two times (2×) the fees you paid in the 12 months before the incident. This cap replaces, and does not add to, the general cap for those claims.
- What the caps do not limit: your payment obligations; a party’s fraud or wilful misconduct; your breach of §4.
- Your indemnity. You will defend and indemnify us against third-party claims arising from:
- your Customer Data;
- messages you send through the Service;
- your breach of §3 or §4.
- Our indemnity. We will defend and indemnify you against third-party claims that the Service, as we provide it, infringes their Canadian intellectual-property rights.
13. Changes to these Terms
We may update these Terms. We will give administrators at least 30 days’ notice of material changes. If you do not accept a change, you may cancel before it takes effect. We will then refund the unused portion of any fees you prepaid for the period after cancellation.
14. General
- Notices. We send notices by email to your account administrators. They take effect when sent. You agree to receive notices and agreements electronically. Send notices to us at support@egean.ca.
- Acceptance record. We record which version of these Terms each Customer accepted, and when.
- Law. These Terms are governed by the laws of Ontario and the federal laws of Canada that apply there. Disputes go to the courts of Toronto, Ontario.
- Confidentiality. Each party keeps the other’s non-public information confidential.
- Assignment. Neither party may assign these Terms without consent, except to a successor of its business.
- Events beyond control. Neither party is liable for delays caused by events beyond its reasonable control.
- Entire agreement. These Terms, the Privacy Policy and any order form or addendum are the whole agreement.
Contact: EGEAN InsureTech Inc., Toronto, Ontario, support@egean.ca.