Terms of Service

These Terms of Service (“Terms”) are a binding agreement between you and The Member Network LLC, a Nevada limited liability company that operates DigitalAgentForms (“DigitalAgentForms,” “we,” “us,” or “our”), including the DigitalAgentForms software platform and website (the “Service”). By creating an account, clicking “I agree” or similar, or otherwise accessing or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

If you use the Service on behalf of an agency or other organization, you represent that you are authorized to bind that organization, and “you” refers to that organization.

DigitalAgentForms is a software tool that helps insurance professionals prepare, complete, save, reuse, and transmit insurance applications and supplemental forms, generate PDFs, send forms to their clients to complete, and route completed forms to an underwriter, wholesaler, or other recipient the user designates.

DigitalAgentForms is not an insurance company, agency, broker, or producer. We do not sell, solicit, negotiate, bind, or place insurance; we do not provide insurance, legal, tax, or compliance advice; and we do not act as a party to any insurance transaction. The Service is a document-preparation and transmission tool only.

We do not review, verify, validate, or guarantee the accuracy, completeness, correctness, or suitability of any application, supplemental, answer, document, or other information submitted through the Service.

The Service transmits and formats the information that you or your clients enter — nothing more. It does not check submissions for accuracy, completeness, or regulatory compliance, and it does not confirm that any information is true or that any form is the correct or current form for a given purpose. You are solely responsible for reviewing every submission for accuracy and completeness before it is sent, saved, or relied upon. Any reliance you or any third party places on information prepared or transmitted through the Service is at your own risk.

You represent, warrant, and agree that:

• You are a licensed insurance professional or an authorized user, and you will use the Service in compliance with all applicable insurance laws, regulations, and licensing requirements.
• You are solely responsible for the accuracy and completeness of all information submitted through the Service, and for reviewing it before submission.
• You will obtain all necessary consents and authorizations from your clients and insureds before collecting, submitting, or transmitting their information through the Service.
• You are responsible for supporting and communicating with your own clients and insureds; we have no responsibility for that relationship.
• You will not upload, request, or transmit any Protected Health Information (“PHI”) as defined by HIPAA; the Service is not intended to collect PHI.
• You will keep your account credentials secure and are responsible for all activity under your account.

The Service may allow you to complete and output insurance forms, including carrier-specific applications and supplements and, where applicable, standardized industry forms such as ACORD® forms. You are solely responsible for holding all licenses, permissions, and authorizations required to use any such forms.

• ACORD forms are licensed by ACORD Corporation and are not sold. You must have a current written license directly with ACORD to use ACORD forms. Neither DigitalAgentForms nor any third party can grant you an ACORD license.
• Carrier-proprietary forms are the property of the applicable carrier; you are responsible for being authorized to use them.
• Forms change over time. You are solely responsible for confirming that any form used or produced through the Service is the correct and most current version for your purpose.

As between you and us, you own the information you and your clients submit (“Your Data”), and you are the controller of any personal information of your clients and insureds. You grant us a limited, non-exclusive, worldwide license to host, process, and transmit Your Data solely to provide and operate the Service — including delivering completed forms to the recipients you designate. Our handling of personal information is described in our Privacy Policy.

Paid plans are billed in advance on a monthly or annual basis through our third-party payment processor. Subscriptions renew automatically for successive terms unless cancelled before the renewal date. Fees are exclusive of taxes, which are your responsibility. We may change pricing prospectively; changes apply at your next renewal. Except where required by law, fees are non-refundable.

We and our licensors own all right, title, and interest in the Service and all related software, technology, and content, excluding Your Data. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable license to access and use the Service for your internal business use. You may not copy, modify, distribute, sell, sublicense, reverse engineer, or create derivative works from the Service, or use it to build a competing product.

You will not use the Service in any unlawful, fraudulent, or harmful manner; will not attempt to gain unauthorized access to the Service or its systems; will not interfere with or disrupt the Service; and will not use the Service to transmit malware or to violate the rights of any third party.

The Service relies on third-party providers (for example, hosting, email delivery, and payment processing). We are not responsible for the acts, omissions, availability, or content of third-party services, and your use of them may be subject to their own terms.

The Service is provided “as is,” “as available,” and “with all faults,” without warranty of any kind. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, accuracy, and any warranty that the Service will be uninterrupted, secure, or error-free. The Service is not a substitute for the knowledge, judgment, and professional responsibility of a licensed insurance professional.

To the fullest extent permitted by law, DigitalAgentForms and its affiliates, officers, employees, and suppliers will not be liable for any indirect, incidental, special, exemplary, consequential, or punitive damages, or any loss of profits, data, or goodwill, arising out of or relating to the Service or these Terms, under any theory of liability. Our total aggregate liability arising out of or relating to the Service or these Terms will not exceed the amount of fees you paid to us for the Service in the twelve (12) months preceding the event giving rise to the claim.

You will indemnify, defend, and hold harmless DigitalAgentForms and its affiliates, officers, employees, and suppliers from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) Your Data and any information you or your clients submit; (b) your use of the Service; (c) your use of any forms (including ACORD or carrier forms) or any lack of required licenses or authorizations; (d) your violation of these Terms or of any law or regulation; or (e) the accuracy, completeness, or handling of any application or insurance transaction.

You may stop using the Service and cancel your subscription at any time. We may suspend or terminate your access if you breach these Terms, if required by law, or to protect the Service. Upon termination, your license to use the Service ends. Sections that by their nature should survive (including ownership, disclaimers, limitation of liability, indemnification, and governing law) will survive termination.

These Terms are governed by the laws of the State of Nevada, without regard to its conflict-of-laws rules. You agree that any dispute arising out of or relating to these Terms or the Service will be brought exclusively in the state or federal courts located in Nevada, and you consent to the personal jurisdiction of those courts. Nothing in this section prevents either party from seeking injunctive or equitable relief to protect its intellectual property or confidential information in any court of competent jurisdiction.

We may update these Terms from time to time. If we make material changes, we will update the “Last updated” date above and, where appropriate, provide notice. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

Questions about these Terms? Contact us at legal@digitalagentforms.com or by mail to The Member Network LLC, Nevada.