Terms of Service

Terms of Service for PerilPulse

Effective Date: January 1, 2024

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and PerilPulse, a service of Underwriters Technologies, Inc., a Texas corporation ("PerilPulse," "we," "us," or "our"). These Terms govern your access to and use of our website at www.perilpulse.com, our application programming interface ("API"), and any related services (collectively, the "Services").

2. Description of Services

PerilPulse provides an information lookup service that delivers property hazard risk assessment data through an API. Our Services include:

• Property hazard risk data lookup via API
• Natural disaster and environmental risk assessments
• Property-specific hazard information
• Real-time data retrieval services
• Related documentation and support services

3. Payment Terms

3.1 Billing Structure

Our billing operates on a deposit premium system:

• Monthly Deposit: You are charged a monthly fee in advance as a deposit
• Usage Deduction: Individual API calls are deducted from your monthly deposit
• No Rollover: Unused deposit amounts do not roll over to subsequent months
• Additional Usage: If you exceed your monthly deposit, additional charges apply immediately

3.2 Payment Authorization

By providing credit card information, you:

• Authorize us to charge your credit card for all fees incurred
• Represent that you are authorized to use the provided credit card
• Agree to maintain current and accurate billing information
• Authorize automatic monthly charges for deposit premiums

3.3 Non-Payment and Termination

4. Service Termination and Refunds

4.1 Voluntary Termination

• You may terminate your account at any time through your account settings
• Termination is effective immediately
• No refunds will be provided for the current month's deposit
• All data access ceases upon termination

4.2 Involuntary Termination

We may terminate your account immediately and without notice for:

• Non-payment or payment failure
• Violation of these Terms
• Abuse of the Services
• Fraudulent or illegal activity
• Excessive API usage beyond reasonable limits

5. Acceptable Use Policy

You agree not to:

• Resell, sublicense, or redistribute our data without written permission
• Use the Services for any illegal or unauthorized purpose
• Attempt to circumvent usage limits or security measures
• Interfere with or disrupt the Services
• Reverse engineer or attempt to extract source code
• Use automated systems to access the Services beyond API limits
• Misrepresent your identity or affiliation

6. Intellectual Property

All content, data, software, and materials provided through the Services are owned by PerilPulse or our licensors and are protected by copyright, trademark, and other intellectual property laws. You receive only a limited, non-exclusive, non-transferable license to use the Services in accordance with these Terms.

7. Data Accuracy and Disclaimers

• We do not guarantee the accuracy, completeness, or timeliness of data
• Property hazard assessments are estimates based on available data
• You should not rely solely on our data for critical decisions
• We are not responsible for decisions made based on our data
• Service availability is not guaranteed and may be interrupted

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PERILPULSE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE SIX MONTHS PRECEDING THE CLAIM.

9. Indemnification

You agree to indemnify, defend, and hold harmless PerilPulse, its affiliates, and their respective officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from your use of the Services, violation of these Terms, or violation of any rights of another party.

10. Governing Law and Jurisdiction

11. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the new Terms on our website and updating the "Effective Date" above. Your continued use of the Services after any changes indicates acceptance of the new Terms.

12. API Usage Limits

• API usage is subject to rate limits as specified in your plan
• Excessive usage may result in throttling or suspension
• We reserve the right to modify usage limits with notice
• Systematic downloading or caching of large data sets is prohibited

13. Privacy

Your use of the Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Services, you consent to our collection and use of information as described in the Privacy Policy.

14. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.

15. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and PerilPulse regarding the Services and supersede all prior agreements and understandings.

16. Contact Information

Last Updated: January 1, 2024 | Version 1.0