Annex A

Defend-ID with DIY Insurance

Defend-ID (“Defend-ID,” “we,” “us,” “our,” or “Company”) provides ID theft protection. These Terms of Service (“Terms”) outline the rules and expectations that apply to you and Defend-ID and govern your access to and use of the websites, applications (including our mobile application(s)), and other online products and services provided by Defend-ID (collectively, our “Services”). Our goal is to keep them simple and easy to understand. If there’s something you’re not sure about, please reach out to us at Help@DIY-Insurance.Agency Please read these Terms carefully as they constitute a legally binding agreement between you and Defend-ID.

BY ACCESSING OR USING THE SERVICES IN ANY WAY, ACCEPTING THIS AGREEMENT BY CLICKING ON THE “I ACCEPT” OR “NEXT” BUTTON, COMPLETING THE APPLICATION PROCESS, OR BROWSING OR DOWNLOADING OUR MOBILE APPLICATION, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS; (2) YOU ARE OF LEGAL AGE AND HAVE LEGAL CAPACITY TO FORM A BINDING CONTRACT WITH US; AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, INCLUDING THE MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER, DO NOT ACCESS OR USE OUR SERVICES AS YOU ARE NOT PERMITTED TO DO SO.

THE ARBITRATION AGREEMENT SECTION CONTAINS PROVISIONS THAT GOVERN HOW TO RESOLVE DISPUTES BETWEEN YOU AND COMPANY. AMONG OTHER THINGS, THE ARBITRATION AGREEMENT SECTION INCLUDES AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED BY BINDING AND FINAL ARBITRATION. THE ARBITRATION AGREEMENT SECTION ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER. PLEASE READ THE ARBITRATION AGREEMENT SECTION CAREFULLY.

UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT WITHIN THIRTY (30) DAYS IN ACCORDANCE WITH THE SECTION TITLED “30-DAY RIGHT TO OPT OUT”: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.

ANY DISPUTE, CLAIM, OR REQUEST FOR RELIEF RELATING IN ANY WAY TO YOUR USE OF THE SERVICE WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF TEXAS, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANY OTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED FROM THIS AGREEMENT.

In addition to these Terms, we may ask you to accept additional terms that apply to specific features, products, or services provided by Defend-ID. To the extent any additional terms conflict with these Terms, the additional terms govern with respect to your access to or use of the applicable feature, product, or service.

You are permitted to use the Services to (a) create, prepare, and execute Defend-ID documents, including but not limited to wills, trusts, powers of attorney, and advance healthcare directives (collectively, “Defend-ID Documents”), (b) list assets in your trust schedule of assets if you have opted to create a trust, and (c) consolidate and track your financial information in one place designed to allow you to make Defend-ID decisions.

DEFEND-ID PROVIDES NO FINANCIAL, INVESTMENT, ESTATE PLANNING, LEGAL, OR TAX ADVICE.

You acknowledge that Defend-ID is not a law firm or an attorney and does not (i) perform services for you or on your behalf as would be performed by an attorney or (ii) provide you with legal advice or guidance. Our products and services are not a substitute for the advice or services of a licensed attorney but provide access to “fill in the blank” materials. There exists no attorney-client relationship or privilege between you and us. Instead, by using the Services, you are representing yourself in any legal matter you undertake, including any legal matter relating in any manner to your use of the Services.

Additionally, you acknowledge that Defend-ID is not a (i) financial planner; (ii) estate planner; (iii) investment advisor; (iv) legal advisor; (v) accounting firm, or (vi) tax advisor. Neither Defend-ID nor the Services provide any financial planning, investment, legal, accounting, or tax advice. Although Defend-ID does sell “fill in the blank”  as addressed below, these products are not substitutes for professional advice. You should consult your own tax, legal, and accounting advisors before making any final decisions.

In relation to the Services, you are solely responsible and liable for any and all financial, estate, tax, investment, or legal decisions you make or related agreements to which you become a party. We will not provide any guidance or answer any questions about the potential legal, tax, or accounting issues, implications, or other consequences arising from the use of the “fill in the blank” Defend-ID documents and other products or materials made available through the Services.

We also do not review these documents, products, or materials for any purpose, substantive or otherwise, or provide any other customized services or guidance tailored to your situation. We provide only generic documentation and general information based on statutes and case law, which are available to the public, which you understand and acknowledge is not specific to your situation.

You waive all claims against Defend-ID for all losses, damages, expenses, and similar claims that you may incur because of your financial, estate, tax, investment, legal, or other similar decisions, and you agree that we shall not be liable for any such losses, damages, expenses, or similar claims.

Eligibility

You represent and warrant that you:
(a) are at least 18 years old;
(b) have not previously been suspended or removed from using our Services;
(c) have full capacity, power, and authority to enter into these Terms and, in doing so, will not violate any other agreement to which you are a party;
(d) are a U.S. citizen or lawful permanent resident and are not a citizen or resident of any country to which the United States has embargoed goods or services;
(e) have not been identified as a “Specially Designated National” by the Office of Foreign Assets Control;
(f) have not been placed on the U.S. Commerce Department’s Denied Persons List;
(g) will not use our Services outside the United States; and
(h) do not and will not have more than one account for the Services.

If you are using the Services on behalf of an entity:
(a) you represent and warrant that you are authorized to bind that entity to these Terms,
(b) that entity agrees to be responsible for you and any other user that accesses the Services on its behalf, including for your and their compliance with these Terms, and
(c) all references to “you” will refer to you and that entity, jointly.

Your Account

You may need to register for an account to access some or all of our Services. You agree to provide accurate account and other information and promptly update this information if it changes. You agree to maintain the security of your account credentials and promptly notify us if you discover or suspect that someone has accessed your account without your authorization.

Your username and password are personal to you and may not be shared with any third parties. You are responsible for all activities that occur regarding your account credentials or otherwise under your account.

Fees

You shall pay all applicable fees or charges (“Fees”) for the Services in accordance with the fees, charges, and billing terms in effect between you and us at the time a Fee is due and payable. By providing Defend-ID or its third-party payment service provider with your payment information, you agree that Defend-ID, or its third-party providers of such services, are authorized to immediately invoice your account or charge your designated payment method (including, without limitation, your credit or debit cards) for all Fees due and payable to Defend-ID hereunder and that no additional notice or consent is required.

You shall immediately notify Defend-ID of any change in your payment information to maintain its completeness and accuracy. Defend-ID reserves the right at any time to change its prices and billing methods in its sole discretion. You agree to have sufficient funds or credit available upon purchase of any product or service to ensure that the purchase price is collectible by us or our third-party provider of such products or services. Your failure to provide accurate payment information to Defend-ID or our inability to collect payment constitutes your material breach of these Terms.

Except as set forth in this Agreement, all Fees for the Services are non-refundable.

Your Use of ID Theft Protection

If you enroll in ID Theft Protection using our Services, the following terms and conditions apply:

Any resources or tools provided by us in connection with the Services (including ID Theft Protection features) are not a substitute for professional advice from a legal, financial, or cybersecurity expert. You authorize us to provide ID Theft Protection services using the information you submit through the platform.

We will facilitate your ID Theft Protection services; however, you agree that you are solely responsible for:

(a) the accuracy of the personal information you provide,

(b) reviewing any reports, alerts, or recommendations generated by the Services, and

(c) taking any necessary actions to safeguard your identity based on the information provided.

You acknowledge that it is your responsibility to determine whether the ID Theft Protection services meet all applicable legal and security requirements for your specific needs. Laws and regulations related to identity theft and consumer protection may vary based on state, federal, and local jurisdictions. We do not guarantee that all information provided by us is completely accurate, current, or comprehensive. Due to:

(i) evolving laws, regulations, and cybersecurity threats,

(ii) differences in consumer protection laws across jurisdictions, and

(iii) varying interpretations of identity theft regulations,

We recommend consulting a licensed attorney, cybersecurity expert, or financial advisor if you require specific legal, security, or financial guidance. If your situation is not fully covered by our Services, seeking professional advice is strongly encouraged.

In the event of your death or incapacitation, to the extent applicable, you authorize us to:

(a) work and communicate with a person authorized to act on your behalf or with your family member(s) to update your account status accordingly, and

(b) provide access to any relevant ID Theft Protection reports, alerts, or account monitoring information to authorized individuals and/or entities (such as your designated power of attorney, executor, or legal representative) to help manage and safeguard your identity.You agree to the following:

• Defend-ID is an online provider of “fill in the blank” forms and general information. We may choose to update these materials from time to time, without notice, but do not make any commitment to do so. We are not a law firm and we do not provide legal advice or represent you in any way (including, without limitation, in any legal capacity).
• By using the Services (including, without limitation, our forms), you are not accessing or receiving any attorney services or legal, tax, or accounting advice. The Services, including our app, are not a substitute for the advice of a licensed attorney or other professional.
• By using the Services (including, without limitation, our forms), you are not establishing an attorney-client relationship with Defend-ID or any of its employees, or with an attorney. Any information you provide us is not protected by the attorney-client privilege or attorney work product doctrines.
• By using the Services, you assume responsibility to provide and otherwise make available to us correct and up-to-date information. Inaccuracies in information could affect the validity or enforceability of Service deliverables (including, without limitation, the ID Theft Protection). You will read all Service deliverables prior to signing (i.e., executing) them. You take sole responsibility for the accuracy of your information (including, without limitation, personal information) contained in our documents that you sign.
• Defend-ID has no responsibility or liability for:
  • The deletion or accuracy of such information,
  • The failure to store, transmit, or receive transmission of such information,
  • The security, privacy, storage, or transmission of other communications originating with or involving use of the Services.
• Each person’s circumstances are different, and complex circumstances may require legal advice and representation. The Services cannot determine if legal representation is appropriate, necessary, or desirable. We do not review your Identity Theft Protection or any information you provide for accuracy or legal sufficiency.
• We do not draw legal conclusions, provide legal advice, or apply the law to your particular circumstances.
• You have the obligation to determine whether to seek legal or professional advice. We recommend that all Service users review their Identity Theft Protection with a licensed attorney.
• Different jurisdictions may have different requirements that may affect the enforceability or validity of Identity Theft Protection, and these requirements may change over time. Defend-ID does not ensure that the documents generated through the Services will be enforceable or valid in all jurisdictions or in every instance. You assume the responsibility to seek legal review of your Identity Theft Protection and other Service deliverables.
• In most states, adjudicatory tribunals (including, without limitation, courts) determine guardianship appointments. While a parent’s choice of guardian may be given deference, there is no guarantee that a parent’s choice of guardian will be upheld by an adjudicatory tribunal. We recommend that you seek legal advice to determine how best to address guardianship-related issues.
• In most states, adjudicatory tribunals (including, without limitation, courts) determine executor appointments. While your choice of executor may be given deference, there is no guarantee that your choice of executor will be upheld by an adjudicatory tribunal. We recommend that you seek legal advice to determine how best to choose an executor.
• You should update your Identity Theft Protection and other Service deliverables as your life circumstances change. It is up to you to determine when you need to update your Identity Theft Protection and other Service deliverables. Failure to do so may affect their validity or enforceability.
• Certain Identity Theft Protection and other Service deliverables may not be valid or enforceable unless you follow specific steps to execute them properly. Failure to follow directions precisely may result in invalid or unenforceable documents. If you have any questions about proper execution, you should seek the advice of a licensed attorney.
• Certain Identity Theft Protection, including, without limitation, wills and trust documents, can have financial and tax consequences. We do not guarantee that any Identity Theft Protection (including, without limitation, wills and trust documents) will be ideal for any situation or appropriate for you. We recommend that you seek legal or other professional advice to determine what specific tax or financial planning is best for you.
• Executors, guardians, trust creators, and trustees should consult with a licensed attorney to determine their legal rights and obligations under Identity Theft Protection and applicable requirements. Certain Identity Theft Protection may create financial and tax consequences for executors, guardians, trust creators, trustees, heirs, and beneficiaries.

User-Enabled and/or Directed Communications and Sharing

The Services may allow you to enable and/or direct us to communicate and share information with any person or entity you add to the Services or authorize to have access to and/or receive your Identity Theft Protection (each, a “Contact”).

For example:

• If you designate a Contact as the trustee of your trust, the Services may automatically send them a message notifying them of their designation and asking whether they accept the role.
• You may also share your Identity Theft Protection with your Contacts through the Services (e.g., sharing your will with designated beneficiaries or your attorney).

You are solely responsible for all communications and sharing that you make, direct, and/or authorize us to make with your Contacts.

Third-Party Services and Products

At times, we may provide links to third-party companies or services, such as articles, references, referrals, social media content, or promotions. However, we cannot guarantee the accuracy or availability of these links, as we do not manage content outside our websites or mobile applications, and links may change after they are posted.

We are not responsible for the practices, policies, or content of any third-party sites or services to which we link. These external sites operate independently and are not governed by our policies. Any information you share with third parties, including sites or services we link to, is subject to their policies and terms, not ours.

You acknowledge and agree that we do not control these third-party sites and are not responsible for any data you provide to them. Any risks associated with sharing information or engaging with external content are solely yours. Additionally, if you choose to visit or make purchases from third-party websites, you may be subject to different terms, conditions, and privacy policies.

Furthermore, if any of the Services provided to you include open-source software, certain provisions in those licenses may override these Terms. In such cases, the open-source license terms will apply.

Third-Party-Stored Account Information

The Services may allow you to sync third-party accounts with the Services to retrieve your information stored online by those third parties (“Third-Party-Stored Account Information”). By using the Services, you authorize us to access and obtain this information and permit those third parties to disclose it to us.

When you choose to sync a third-party account, you will be directly connected to that third party’s website. We will use the login credentials (such as usernames and passwords) you provide to access the Services. By doing so, you authorize us to retrieve and configure the Services to work with the third-party sites for which you submit your information.

You acknowledge that:

• We do not provide or control these third-party accounts or sites.
• We are not responsible for any issues related to your Third-Party-Stored Account Information or third-party accounts.
• You are responsible for keeping your Third-Party-Stored Account Information accurate and up to date.

User Content

The Services may allow you to provide, create, post, store, submit, upload, and share content, including:

• Personal information about yourself and your Contacts (e.g., names, birthdates, residency, roles like beneficiary or trustee, financial and identity theft protection  details, health or life status, etc.).
• Third-Party-Stored Account Information.
• Other information such as documents, messages, profiles, photos, and lists.

This collective information is referred to as “User Content.”

Your Rights & License Grant

You retain all rights to your User Content. However, by using our Services, you grant DIY Insurance Inc. and its affiliates a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully-paid, and sublicensable license to:

• Use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and display your User Content.
• Use your name or username in connection with your User Content across all media formats and channels, now known or later developed, without compensation to you.

By posting, uploading, or sharing User Content through the Services, you acknowledge that your content may be displayed publicly and shared with your Contacts or any other entities you designate.

Your Responsibilities

• You confirm that you have the legal rights to provide us with the User Content and that we have the right to use it as described.
• You must not post or share any User Content that violates these Terms or infringes on others’ rights.
• While we are not obligated to monitor User Content, we may remove or delete any content at our discretion.

Storage & Liability Limitations

• DIY Insurance Inc. is not responsible for storing, securing, or transmitting User Content.
• We do not guarantee storage of your User Content and may impose reasonable limits on file size, processing capacity, or storage space.
• You are responsible for keeping backups of your own User Content.

Prohibited Conduct and Content

By using our Services, you agree not to engage in any behavior that:

• Violates any laws, contracts, intellectual property rights, or third-party rights.
• Harasses, threatens, intimidates, stalks, or engages in predatory behavior.
• Attempts to use another user’s account without authorization.
• Interferes with, disrupts, or negatively impacts other users’ experience.
• Circumvents security measures or accesses restricted areas of the Services.
• Attempts to bypass content filters or unauthorized features.
• Develops or uses third-party applications that interact with our Services without permission.
• Uses our Services for illegal or unauthorized purposes.

User Content Restrictions

You must not create, post, store, or share any content that:

• Is unlawful, defamatory, obscene, indecent, lewd, suggestive, harassing, or fraudulent.
• Encourages illegal activity, violates rights, or creates legal liability.
• Infringes on patents, trademarks, copyrights, or proprietary rights.
• Contains false statements, impersonates others, or misrepresents your identity.
• Includes unsolicited promotions, ads, or political campaigning.
• Shares private or personal third-party information without consent.
• Contains viruses, malware, or harmful files.
• Is deemed objectionable, harmful, or disruptive in our sole judgment.

Violating these terms may result in removal of content, suspension, or termination of your access to our Services.

Limited License; Copyright and Trademark

© 2024 DIY Insurance, LLC. All rights reserved. DIY Insurance and all of our logos and designs are trademarks and/or service marks of DIY Insurance, LLC, a Delaware limited liability company. You may not use our images or logos without first getting consent from us in writing.

Everyone who uses our Services should respect intellectual property laws and the rights of DIY Insurance. If there appear to be any issues with our Services or if you have any concerns, you may send us questions. We will work quickly to look into your question and will remove material if we determine third-party copyrighted material is displayed without DIY Insurance holding a license to do so. Your notice must follow the requirements of U.S. Copyright Act 17 U.S.C. 512(c)(3) and all regulations promulgated, each as amended (Notice Requirements), and/or the specific requirements of the Digital Millennium Copyright Act of 1998 (DMCA), whichever applies. If you inappropriately report a violation, infringement, or ownership of a copyright, you may be liable for damages (including reasonable costs and attorneys’ fees).

DIY Insurance’s name, logos, designs, business processes, and our Services (the “DIY Insurance Content”) are protected by intellectual property rights including copyright, trademark, trade secret, and other laws of the United States. Our Terms don’t give you any license to use any of our intellectual property, other than as necessary to use our Services and to assist you in purchasing “fill in the blank” Identity Theft Protection and insurance products we make available to you.

Except with respect to User Content, you agree that DIY Insurance and its suppliers or licensors own all rights, title, and interest in the Services (including but not limited to any computer code, themes, objects, characters, concepts, artwork, animations, sounds, audiovisual effects, methods of operation, moral rights, documentation, “fill in the blank” forms, and DIY Insurance software). You shall not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying any of the Services. You agree to honor our ownership rights related to our Services and the rights of the other parties whose intellectual property is included in the Services. You will not misuse Services or any third-party intellectual property used along with the Services. You may not copy or reproduce any of the Services in any form or by any means; you may not rent, sell, lease, grant, modify, distribute, or create derivative works based on the Services. You will not trespass, bypass, interfere with, or disrupt any host or network systems, burden the network capacity, overload, flood, spam, mail-bomb, infect, or install or send a virus, spyware, or any other malware or Trojan horse of any kind, or in any other way disrupt the proper operation of the Services.

You are hereby granted a limited, nonexclusive, non-transferable, non-sublicensable, revocable license to access and use our Services and DIY Insurance Content for your own personal use; however, such license is subject to these Terms and your compliance with these Terms, and does not include any right to do any of the following, all of which are expressly prohibited: (a) license, sell, resell, rent, lease, transfer, assign, or commercially use or otherwise exploit our Services or DIY Insurance Content; (b) copy, reproduce, distribute, publicly perform or publicly display DIY Insurance Content, except as expressly permitted by us or our licensors; (c) modify the DIY Insurance Content, remove any proprietary rights notices or markings, or otherwise adapt, merge, reverse compile, reverse engineer, or make any derivative uses of our Services or DIY Insurance Content; (d) frame or utilize framing techniques to enclose any trademark or logo located on the Services or any other portion of the Service (including images, text, page layout, or form); (e) use any metatags or other “hidden text” using DIY Insurance’s name or trademarks; (f) use any manual or automated software, devices, or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools, or the like) to “scrape” or download data from any web pages contained in the Services (including any of our “fill in the blank” forms); (g) remove or destroy any copyright notices or other proprietary markings contained on or in the Services; (h) impersonate any person or entity, including any employee or representative of DIY Insurance; or (i) use our Services or DIY Insurance Content other than for their intended purposes as described in these Terms, including but not limited to violating or attempting to violate any security features of the Services, introducing viruses, worms, or similar harmful code into the Services, or interfering or attempting to interfere with the use of the Services by any other user, host, or network, including by means of overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” the Services. Except as explicitly set forth herein, we are not granting you any right, title, license, or interest in the Services. Any use of our Services or DIY Insurance Content other than as specifically authorized in these Terms, without our prior written permission, is strictly prohibited and will automatically terminate the license granted in these Terms.

Feedback

Any questions, comments, suggestions, testimonials, ideas, original or creative materials, or other information you submit about DIY Insurance, our website, or our products or Services (collectively, “Feedback”), is non-confidential and will become the sole property of DIY Insurance. We will own exclusive rights, including, without limitation, all intellectual property rights, in and to Feedback and will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Electronic Communication

By using our Services, you (a) agree that all communications from us relating to products and Services may be provided or made available to you electronically by email and/or on our mobile applications or websites and (b) consent to receive emails and other electronic communications from us. These communications may include notices about your account (e.g., password changes and other transactional information), as well as communications provided as part of the Services or for marketing purposes, and are part of your relationship with us. You consent to being provided with any notices, disclosures, information, and other materials in electronic form (collectively “Electronic Records”), rather than in paper form in accordance with The Electronic Signatures in Global and National Commerce Act (“E-Sign”). Your consent to receive Electronic Records applies to all notices, disclosures, documents, records, or other materials of any kind that we may be required to provide to you. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You further agree that checking or clicking a box, clicking “accept” or “agree” (or another similar word) on our website, or responding via telephone keypress constitutes your signature and will have the same binding effect as a physical wet signature.

You agree that you have the ability to access, view, store, download, and print communications, documents, and hyperlinks we deliver or make available to you electronically through your computer or on your mobile device. You can find apps that support printing and saving electronic communications using your mobile device’s app store. If your mobile device does not have this functionality, you must access the Services through alternate means that provide you with the capability to print and save communications.

You may withdraw your consent to electronic communications and to use an electronic signature at any time. If you do withdraw your consent, from that time forward you may be unable to use the Services, and your account may be closed. To withdraw your consent to doing business electronically, please send us a written notice by email (Help@DIY-Insurance.Agency).

Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless DIY Insurance, each of our subsidiaries and affiliates, our licensors, and third-party providers and partners, including insurance carriers, underwriters, and reinsurers (collectively, “Partners”), and each of our and our Partners’ respective officers, directors, agents, partners, and employees (individually and collectively, the “DIY Insurance Parties”) from and against any loss, liability, claim, demand, cause of action, suit, damages, fines, and any related expenses or costs (“Claims”) arising out of or related to (a) your access to or use of our Site and Services, including the generation and use of insurance documents; (b) your User Content or Feedback; (c) your violation of these Terms; (d) your violation, misappropriation, or infringement of any rights of another (including intellectual property rights or privacy rights); (e) your conduct in connection with our Services; or (f) any violation by you of any federal, state, or local laws, statutes, rules, or regulations. You agree to promptly notify the DIY Insurance Parties of any third-party Claims, cooperate with the DIY Insurance Parties in defending such Claims, and pay all fees, costs, and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees, costs, and expenses). You also agree that the DIY Insurance Parties reserve the right to assume exclusive control of the defense or settlement of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and DIY Insurance or the other DIY Insurance Parties.

Disclaimers

WE DO NOT PROVIDE ANY WARRANTIES WITH RESPECT TO THE USE OF THE SERVICES, INCLUDING THE GENERATION AND USE OF INSURANCE DOCUMENTS AND ANY AND ALL SOFTWARE INCLUDED THEREIN, WHICH IS PROVIDED “AS-IS.” YOU USE OUR SERVICES WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND, AT YOUR OWN RISK. WE DISCLAIM ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. In addition, we do not represent or warrant that our Services are accurate, complete, reliable, current, or error-free. Specifically, we do not represent or warrant that any of the “fill in the blank” forms or other materials available through the Services will be free of typographical, technical, or other errors, or be current, accurate, complete, or comply with the laws of any applicable jurisdiction. We do not take on or assume any responsibility for any harm, loss, or corruption to you, your computer, or your data (or any third-party data or computer) from your use of our Services. You assume the entire risk as to the quality and performance of the Services. Additionally, you acknowledge that information you store or transfer through our Services may become irretrievably lost or corrupted or temporarily unavailable due to a variety of causes, including software failures, protocol changes by third-party providers, internet outages, force majeure events or other disasters, scheduled or unscheduled maintenance, or other causes either within or outside our control. You are solely responsible for backing up and maintaining duplicate copies of any information you store or transfer through our Services.

No Liability for Conduct of Third Parties. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH THIRD PARTIES, INCLUDING PARTNERS AND PROVIDERS, THROUGH THE SERVICES, AND INCLUDING ANY THIRD-PARTY SERVICES TO WHICH WE MAY PROVIDE LINKS. YOU ACKNOWLEDGE AND AGREE THAT DIY INSURANCE IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD DIY INSURANCE LIABLE, FOR THE CONDUCT OF SUCH THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. DIY INSURANCE MAKES NO WARRANTY THAT THE GOODS OR SERVICES PROVIDED BY SUCH THIRD PARTIES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.

Limitation of Liability

IN NO EVENT SHALL (I) WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, REVENUES, OR SAVINGS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES AND (II) OUR LIABILITY FOR ANY AND ALL CLAIMS BROUGHT OR DAMAGES INCURRED BY YOU OR ANY THIRD PARTIES SHALL NOT EXCEED, IN THE AGGREGATE, THE FEES PAID BY YOU TO US DURING THE LAST YEAR PRIOR TO THE DATE SUCH CAUSE OF ACTION ARISES.

YOU ACKNOWLEDGE THAT (I) THE LIMITATIONS ON LIABILITY IN THIS SECTION ARE REASONABLE AND THAT THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN YOU AND US (AND OUR AFFILIATES), AND (II) WE AND YOU HAVE RELIED UPON THE LIMITATIONS SET FORTH HEREIN IN DETERMINING WHETHER TO AUTHORIZE YOU TO USE THE SERVICES. THE REMEDIES PROVIDED TO YOU IN THE TERMS ARE EXCLUSIVE. Some states may not allow for these limitations of liability. If you live in one of these states, these limits don’t apply to you, and the maximum liability for any of these violations will be $100.00 in the aggregate for any and all claims or the minimum allowed by law, whichever is lower.

You agree that these are the Terms for your use of the Services, and you have not entered into any other agreement related to your use of the Services. We haven’t and don’t create any third-party beneficiary rights by the Terms. If we waive or fail to enforce any of the Terms, it doesn’t waive our right to enforce the Terms against you or someone else in the future. You may not assign any rights granted by the Terms to any third party, and any attempt to do so will be null and void. We may assign the Terms to any affiliate, subsidiary, or any acquirer of substantially all of the assets or capital securities of DIY INSURANCE. If a provision of the Terms is found unenforceable, the remaining provisions of the Terms will remain in full effect, and we will substitute a replacement enforceable term reflecting our intent as closely as possible.

Release

To the fullest extent permitted by applicable law, you release DIY INSURANCE and the other DIY INSURANCE Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. To the extent you are a California resident, you expressly waive any rights you may have under California Civil Code § 1542 as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

Governing Law

THE TERMS AND YOUR USE OF THE SERVICES WILL BE GOVERNED BY TEXAS LAW, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION.

Arbitration Agreement

Please read this section (the “Arbitration Agreement”) carefully. It is part of your contract with DIY Insurance and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

Applicability of Arbitration Agreement. Subject to the terms of this Arbitration Agreement, you and DIY Insurance agree that any dispute, claim, or disagreement arising out of or relating in any way to your access to or use of the Services, any communications you receive, any products sold or distributed through the Services, our website, or this Agreement and prior versions of our website, including claims and disputes that arose between you and us before the effective date of this Agreement (each, a “Dispute”), will be resolved by binding arbitration, rather than in court, except that:

(i) You and DIY Insurance may assert claims or seek relief in small claims court if such claims qualify and remain in small claims court.
(ii) You or DIY Insurance may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).

For purposes of this Arbitration Agreement, “Dispute” will also include disputes that arose or involve facts occurring before the existence of this or any prior versions of these Terms, as well as claims that may arise after the termination of these Terms.

Informal Dispute Resolution. There might be instances when a Dispute arises between you and DIY Insurance. If that occurs, DIY Insurance is committed to working with you to reach a reasonable resolution. You and DIY Insurance agree that good-faith informal efforts to resolve Disputes can result in a prompt, low-cost, and mutually beneficial outcome (“Informal Dispute Resolution”). You and DIY Insurance therefore agree that before either party commences arbitration against the other (or initiates an action in small claims court if a party so elects), we will personally meet and confer telephonically or via videoconference in a good-faith effort to resolve informally any Dispute covered by this Arbitration Agreement (“Informal Dispute Resolution Conference”). If you are represented by counsel, your counsel may participate in the conference, but you will also participate in the conference.

The party initiating a Dispute must give notice to the other party in writing of its intent to initiate an Informal Dispute Resolution Conference (“Notice”), which shall occur within forty-five (45) days after the other party receives such Notice, unless an extension is mutually agreed upon by the parties. Notice to DIY Insurance that you intend to initiate an Informal Dispute Resolution Conference should be sent by email to Help@DIY-Insurance.Agency or regular mail to our offices located at [DIY Insurance Mailing Address], Attn: Legal Department. The Notice must include:

1. Your name, telephone number, mailing address, and email address associated with your Account (if you have one);
2. The name, telephone number, mailing address, and email address of your counsel, if any; and
3. A description of your Dispute.

The Informal Dispute Resolution Conference shall be individualized, meaning a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms represents multiple users in similar cases, unless all parties agree. Multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree.

In the time between a party receiving the Notice and the Informal Dispute Resolution Conference, nothing in this Arbitration Agreement shall prohibit the parties from engaging in informal communications to resolve the initiating party’s Dispute. Engaging in the Informal Dispute Resolution Conference is a condition precedent and requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the Informal Dispute Resolution Conference process required by this section.

Waiver of Jury Trial. YOU AND DIY INSURANCE HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and DIY Insurance instead agree that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in the section titled “Applicability of Arbitration Agreement.” There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

Waiver of Class and Other Non-Individualized Relief. YOU AND DIY INSURANCE AGREE THAT, EXCEPT AS SPECIFIED IN THE SECTION TITLED “BATCH ARBITRATION”, EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS. THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.

Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party’s individual claim. Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under the section titled “Batch Arbitration.”

Notwithstanding anything to the contrary in this Arbitration Agreement, if a court decides by means of a final decision, not subject to any further appeal or recourse, that the limitations of this section are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and DIY Insurance agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from arbitration and may be litigated in the state or federal courts located in the State of Texas. All other Disputes shall be arbitrated or litigated in small claims court. This section does not prevent you or DIY Insurance from participating in a class-wide settlement of claims.

Rules and Forum. These Terms evidence a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement and any arbitration proceedings.

If the Informal Dispute Resolution process described above does not resolve the dispute satisfactorily within sixty (60) days after receipt of your Notice, you and DIY Insurance agree that either party shall have the right to finally resolve the Dispute through binding arbitration.

The arbitration will be administered by National Arbitration and Mediation (“NAM”), in accordance with NAM’s Standard Rules and Procedures (the “NAM Rules”) then in effect, except as modified by this section of this Arbitration Agreement. NAM Rules are currently available at: https://www.namadr.com/content/uploads/2020/04/RULES-STANDARD.pdf.

A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the “Request”). A Request to DIY Insurance should be sentl to Help@DIY-Insurance.AgencyA Request to you will be sent to your email address or regular address associated with your DIY Insurance Account. The Request must include: (1) the name, telephone number, mailing address, e‐mail address of the party seeking arbitration and the account username (if applicable) as well as the email address associated with any applicable Account; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy in United States dollars; (4) a statement certifying completion of the Informal Dispute Resolution process as described above; and (5) evidence that the requesting party has paid any necessary filing fees in connection with such arbitration.

If the party requesting arbitration is represented by counsel, the Request shall also include counsel’s name, telephone number, mailing address, and email address. Such counsel must also sign the Request. By signing the Request, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that: (1) the Request is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery.

The arbitration hearing (if any) will be held by video conference, unless either party requests an in-person hearing and the arbitrator agrees. Unless you and DIY Insurance otherwise agree, an in-person hearing will be held in the county where you reside, or as determined by the arbitrator (in the case of Batch Arbitration). Subject to NAM Rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of the arbitration. If NAM is not available to arbitrate, the parties will select an alternative arbitral forum. Your responsibility to pay any NAM fees and costs will be solely set forth in the applicable NAM Rules.

You and DIY Insurance agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties’ attorneys, accountants, or business advisors, and shall be subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential.

Arbitrator. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Texas and will be selected by the parties from NAM’s roster of Neutrals. If the parties are unable to agree upon an arbitrator within thirty-five (35) days of delivery of the Request, then NAM will appoint the arbitrator in accordance with NAM Rules, provided that if the Batch Arbitration process under the section titled “Batch Arbitration” is triggered, NAM will appoint the arbitrator for each batch.

Authority of Arbitrator. The arbitrator shall have exclusive authority to resolve any Dispute, including, without limitation, disputes arising out of or related to the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement, except for the following: (1) all Disputes arising out of or relating to Section titled “Waiver of Class and Other Non-Individualized Relief,” including any claim that all or part of Section titled “Waiver of Class and Other Non-Individualized Relief” is unenforceable, illegal, void or voidable, or that such Section titled “Waiver of Class and Other Non-Individualized Relief” has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator; (2) except as expressly contemplated in Section titled “Batch Arbitration,” all Disputes about the payment of arbitration fees shall be decided only by a court of competent jurisdiction and not by an arbitrator; (3) all Disputes about whether either party has satisfied any condition precedent to arbitration shall be decided only by a court of competent jurisdiction and not by an arbitrator; and (4) all Disputes about which version of the Arbitration Agreement applies shall be decided only by a court of competent jurisdiction and not by an arbitrator. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties, except as expressly provided in Section titled “Batch Arbitration.” The arbitrator shall have the authority to grant motions dispositive of all or part of any Dispute. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award of the arbitrator is final and binding upon you and us. Judgment on the arbitration award may be entered in any court having jurisdiction.

Attorneys’ Fees and Costs. The parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Request was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). If you or DIY Insurance need to invoke the authority of a court of competent jurisdiction to compel arbitration, then the party that obtains an order compelling arbitration in such action shall have the right to collect from the other party its reasonable costs, necessary disbursements, and reasonable attorneys’ fees incurred in securing an order compelling arbitration. The prevailing party in any court action relating to whether either party has satisfied any condition precedent to arbitration, including the Informal Dispute Resolution process, is entitled to recover their reasonable costs, necessary disbursements, and reasonable attorneys’ fees and costs.

Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, you and DIY Insurance agree that in the event that there are ten (10) or more individual Requests of a substantially similar nature filed against DIY Insurance by or with the assistance of the same law firm, group of law firms, or organizations, within a ninety (90) day period (or as soon as possible thereafter), NAM shall (1) administer the arbitration demands in batches of 100 Requests per batch (or, if between ten (10) and ninety-nine (99) individual Requests are filed, a single batch of all those Requests, and, to the extent there are less than 100 Requests remaining after the batching described above, a final batch consisting of the remaining Requests); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”).

All parties agree that Requests are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise NAM, and NAM shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process (“Administrative Arbitrator”). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator’s fees shall be paid by DIY Insurance.

You and DIY Insurance agree to cooperate in good faith with NAM to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of Requests, as well as any steps to minimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings.

This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision.

30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: 1606 Headway Cir, #9013, Attn: Legal Department, Austin, TX 78754, within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address associated with your DIY Insurance Account (or if no email address is associated with your account, any valid email address where you can be contacted), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.

Invalidity, Expiration. Except as provided in Section titled “Waiver of Class or Other Non-Individualized Relief”, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect. You further agree that any Dispute that you have with DIY Insurance as detailed in this Arbitration Agreement must be initiated via arbitration within the applicable statute of limitation for that claim or controversy, or it will be forever time-barred. Likewise, you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction.

Modification. You and we agree that DIY Insurance retains the right to modify this Arbitration Agreement in the future. Any such changes will be posted at www.diy-insurance.com/terms, and you should check for updates regularly. Unless you reject the change within thirty (30) days of such change becoming effective by writing to DIY Insurance at 1606 Headway Cir, #9013, Attn: Legal Department, Austin, TX 78754, your continued use of the Service or the Terms, including the acceptance of products and services offered on the Service following the posting of changes to this Arbitration Agreement, constitutes your acceptance of any such changes. Changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of the Arbitration Agreement if you have previously agreed to a version of these Terms and did not validly opt out of arbitration. If you reject any change or update to this Arbitration Agreement, and you were bound by an existing agreement to arbitrate Disputes arising out of or relating in any way to your access to or use of the Service, any communications you receive, any products sold or distributed through the Service, or these Terms, the provisions of this Arbitration Agreement as of the date you first accepted this Agreement (or accepted any subsequent changes to these Terms) remain in full force and effect. DIY Insurance will continue to honor any valid opt-outs of the Arbitration Agreement that you made to a prior version of these Terms.

Governing Courts. To the extent that the Dispute is not covered by any arbitration agreement between you and us, it shall proceed before the state or federal courts located in the State of Texas (except for small claims court actions, which may be brought in the county where you reside).

Changes to These Terms

We may make changes to these Terms from time to time. If we make changes, we will provide you notice by posting the amended Terms at www.diy-insurance.com/terms and updating the “Effective Date” listed below. We may also attempt to notify you by sending an email notification to the address associated with your DIY Insurance Account or by providing notice through our Services. Unless we say otherwise in our notice of changes, the amended Terms will be effective immediately, and your continued access to and use of our Services after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using our Services.

Termination

We reserve the right, without notice and in our sole discretion, to terminate your right to access or use our Services at any time. Without limiting the foregoing, we may, in our sole discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of our Services. We are not responsible for any loss or harm related to your inability to access or use our Services.

Export Compliance

The Services are only intended for use by persons located in the United States. If you choose to access the Services from outside the United States, you do so at your own risk and you are responsible for compliance with all local laws. Additionally, all or part of our Services may be subject to U.S. export control and economic sanctions laws (“Export Controls”). You agree to abide by all Export Controls as they relate to your access and use of our Services.

Apple Requirements

If you downloaded the Services from the Apple App Store, the following terms also apply to you:

• Acknowledgement: You acknowledge that this Agreement is between you and DIY Insurance only, and not with Apple. DIY Insurance, not Apple, is solely responsible for the Services and the content thereof.
• Scope of License: The license granted to you for the Services is a limited, non-transferable license to use the Services on a Mac product that you own or control and as permitted by the Usage Rules set forth in the terms of service applicable to the Apple App Store.
• Maintenance and Support: DIY Insurance and not Apple is solely responsible for providing any maintenance and support services, for which additional fees may apply, with respect to the Services. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Services.
• Warranty: DIY Insurance is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Services to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Services to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be DIY Insurance’s sole responsibility.
• Product Claims: DIY Insurance, not Apple, is responsible for addressing any user or third-party claims relating to the Services or the user’s possession and/or use of the Services, including, but not limited to: (a) product liability claims; (b) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
• Intellectual Property Rights: You acknowledge that, in the event of any third-party claim that the Services or your possession and use of the Services infringes that third party’s intellectual property rights, DIY Insurance, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
• Legal Compliance: You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
• Developer Contact Info: Direct any questions, complaints, or claims by mail to: DIY Insurance, LLC, 1606 Headway Cir., #9013, Austin, TX 78754, or by email: legal@diy-insurance.com
• Third Party Terms of Agreement: You must comply with any applicable third-party terms of agreement when using the Services.
• Third Party Beneficiary: You acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you as a third-party beneficiary thereof.

North Carolina Customers

The following provisions are applicable to North Carolina residents:

• You may contact us to request blank templates of an Identity Theft Protection prior to finalizing your purchase of the applicable document.
• The disclaimers of warranties and limitations of liability set forth herein will not apply to you.
• These Terms will not be construed to limit your recovery of damages or other remedies.
• These Terms will not be construed to require you to agree to jurisdiction or venue in any state other than North Carolina for resolution of disputes between you and DIY Insurance.

Anti-Money Laundering (AML)

We strive to monitor, detect, and prevent transactions that may involve fraud, money laundering, terrorist financing, or other illegal activity and to report applicable situations as may be required by law. We reserve the right to deny Service to anyone where we have a reasonable suspicion of violations of any applicable law.

Miscellaneous

These Terms constitute the entire agreement between you and DIY Insurance relating to your access to and use of our Services. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.

You agree that these are the Terms for your use of the Services, and you have not entered into any other agreement related to your use of the Services. If we waive or fail to enforce any of the Terms, it doesn’t waive our right to enforce the Terms against you or someone else in the future. You may not assign any rights granted by the Terms to any third party, and any attempt to do so will be null and void. DIY Insurance may assign the Terms to any affiliate, subsidiary, or any acquirer of substantially all of the assets or capital securities of DIY Insurance.

If any provision or part of a provision of these Terms is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions, and the remaining provisions of the Terms will remain in full effect, and we will substitute a replacement enforceable term reflecting our intent as closely as possible.

Effective Date: February 25, 2025