TERMS OF USE

(Last updated February 28, 2023)

Welcome to Polly! As the world’s leading embedded insurance company, we’re on a mission to make sure great insurance at a great price is accessible to everyone.

The terms below form a binding legal agreement between you, as an individual, and Polly Insurance Agency, LLC, so please read them carefully. A few key points about these terms:

  • You may not, at any time or for any reason, solicit insurance. This means you may not give anyone advice on levels of insurance coverage, insurance carriers, or anything related to insurance or otherwise encourage anyone to buy insurance through Polly.
  • If you mis-use the Services or violate these terms, your access may be terminated and you may forfeit any earned Referral Fees.
  • You can only refer consumers to Polly who agree to be referred and who are interested in learning about insurance from Polly.

These Terms of Use (“Terms”) apply to any websites and software applications, including mobile software applications, to which the Terms are attached (collectively, the “Services”). The Services are provided by Polly Insurance Agency, LLC (“Polly,” “We,” or “Us”). If you use the Services, you expressly agree to be bound by these Terms. IF YOU DO NOT AGREE WITH THE TERMS DO NOT USE THE SERVICES AND DELETE THEM. YOU AGREE THAT INSTALLATION OR USE OF THE SERVICES SIGNIFIES THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS.

  1. DESCRIPTION OF SERVICES.

The Services make up an insurance referral network that enable you to refer consumers seeking insurance to Polly, a licensed insurance agency. Each consumer you refer to Polly is called a “Referral” in these terms. You may download or access the Services whether or not you have a Polly account, but you must create a Polly account to enable its full functionality. Any Referrals you make must be in full compliance with law. POLLY EXPRESSLY PROHIBITS YOU FROM ENGAGING IN ANY CONDUCT THAT COULD BE CONSIDERED SELLING, SOLICITING, OR NEGOTIATING INSURANCE.

  1. OBLIGATIONS
    1. Eligibility. The Services are not for use by anyone under the age of 18. To use the Services, you agree that (i) you must be 18 years or older, (ii) you will only have one Polly account, which must be in your real name, and (iii) you are not already restricted by Polly from using the Services. Creating an account with false information is a violation of these Terms.
    2. Account. In connection with your Polly account, You agree to use a strong password and keep it confidential. You are responsible for anything that happens through your account. You may not allow a third party to use your account. If you close your account (or if your account is otherwise closed), the information in your account may be deleted or otherwise lost.
    3. Activities by Unlicensed Parties. The Services enable you to refer consumers seeking insurance to Polly. State laws generally allow unlicensed parties to make insurance referrals but prohibit unlicensed parties from selling, soliciting, or negotiating insurance. The Services are designed to comply with all applicable laws. You must follow the instructions provided by Polly, including instructions provided in the Services and instructions provided separately. Polly expressly prohibits you from making a Referral to Polly that violates any applicable law, rule, or regulation or that is not made in accordance with Polly’s instructions. By making a Referral, you agree that you have not attempted to sell insurance or asked or urged a consumer to apply for a particular kind of insurance from a particular company, or otherwise engaged in any conduct that violates any applicable law, rule, or regulation.
    4. Marketing Activities. You will not (i) provide any form of incentives or compensation to Referrals, (ii) market or advertise to Referrals regarding the Services, without Polly’s express written permission; and (iii) market, advertise, or otherwise intentionally make the Services available to consumers who have not expressed an interest in learning about insurance from Polly.
    5. Social Media. You shall not use social media (such as Facebook, Twitter, TikTok, Reddit, etc.) to find or engage consumers to be Referrals.
    6. Publicity. As a condition of using the Services, You grant Polly and its affiliates the right and permission to use in perpetuity, your name, likeness, image, voice, recorded voice, appearance, biographical information, statements, performance and/or testimonial(s) (collectively, “Appearance”) in any manner and in any media, now known or later developed, throughout the world, at any time, for the purpose of advertising and publicizing the Polly’s products and services, without review, permission or compensation of any amount or kind whatsoever. Polly shall have complete ownership of any recording, product, copy, presentation or other material or file containing or featuring my Appearance (“Use”), including copyright interests, and you acknowledge you have no interest or ownership in the Use (or any portion thereof) or its copyright. This grant includes without limitation the right for Polly to edit, abridge, augment, title, or create a compilation from your Appearance in whole or part as Polly may elect in its sole discretion.
    7. Notices and Messages. We may provide notices and messages to you in the following ways: (i) within the Services, or (ii) sent to the contact information you provided to use (e.g., email, mobile number, physical address). You agree to keep your contact information up to date.
    8. Changes. We may change, add, or remove portions of these Terms at any time, which shall become effective immediately upon posting. It is your responsibility to review these Terms prior to each use of the Services. We agree that changes cannot be retroactive. If you object to any changes, you may close your account. Your continued use of the Services after we publish or send notice about our changes to these terms means that you are consenting to the updated terms as of their effective date.
    9. Privacy. The collection, use, and sharing of your personal data is subject to our Privacy Policy and any updates thereto.

  1. REFERRALS.
    1. General. The Services are designed to enable you to submit Referrals to Us. You will not knowingly input any information that is false, misleading, or fraudulent, including false name or phone numbers. By submitting a Referral, you agree that the named individual in the Referral has expressly (i) told you that that he/she is interested in learning about insurance from Polly, (ii) asked that Polly contact he/she at the phone number provided with the Referral, and (iii) consented to your submission of his/her information to Polly.
    2. Referral Fees. We may offer you payment for the submission of Referrals (“Referral Fees”). Referral Fees may be conditioned on the completions of certain requirements established by Polly from time to time, including that the referral connect with a licensed Polly insurance agent (the “Referral Conditions”). The Referral Conditions will be set forth within the Services and may change from time to time. If a Referral Condition is not satisfied, no Referral Fee is owed. Referral Fees may vary for Referrals and Polly can change the Referral Fees at any time. You may view the then-current Referral Fees within Services. Polly reserves the right to limit the number of Referrals you may make and the amount of Referral Fees you may earn. In no event will Polly be obligated to pay any Referral Fees where such payment would violate any applicable law.
    3. Payments. Upon earning a Referral Fee, you must initiate payment within the Services. We may utilize a third-party payment provider to pay the Referral Fees (“Payment Provider”) and you may be required to establish an account with the Payment Provider to receive the Referral Fees. We do not control the Payment Provider or their terms or products. If you do not agree to the Payment Provider terms, you will not be able to receive the Referral Fees.
    4. Deactivation. Polly may deactivate your account at any time and for any reason. We will attempt to notify you prior to deactivation, provided that we are not obligated to provide you with any prior notice of deactivation. Upon deactivation, you have 60 days to transfer any earned Referral Fees to the Payment Provider by contacting support@Polly.co and taking the actions requested. If you do not transfer earned Referral Fees within 60 days of deactivation, you forfeit the Referral Fees.
    5. Claw Back. In the event we believe a Referral you submit violates these Terms, we may (i) terminate your account, and/or (ii) withhold payment for such Referral and/or deduct from other amounts owed to you any fees we have previously paid you for such invalid Referral from you or the employer or other entity you use the Services in connection with (such as an auto dealership or real estate agency).

  2. RIGHTS AND RESTRICTIONS.
    1. License. Polly hereby grants you, subject to the terms and conditions in these Terms, a non-exclusive, non-transferable personal license to access and use the Services for your own personal use.
    2. Service Availability. We may limit your use of the Services and suspend, restrict, or termination your account if you breach these Terms or are misusing the Services. We may change, suspend or discontinue any aspect of the Services at any time, including the availability of any Services. We have no obligation to store, maintain, or provide you a copy of any content or information that you submit.
    3. Ownership. Title, ownership, and all rights (including all intellectual property rights) in and to the Services shall remain with Polly. We reserve any right not specifically granted to you herein. No ownership interest in the Services or any element thereof is conveyed by these Terms
    4. Feedback. You may provide Us with feedback regarding suggestions for improvement, further development or enhancement of, or other comments relating to or in connection with, the Services (“Feedback”). You grant Polly a non-exclusive, royalty-free, worldwide, irrevocable, transferable, sublicensable, perpetual license to use, or incorporate into the Services, the Feedback. Polly shall have no obligation to use Feedback and you shall have no obligation to provide Feedback.
    5. Restrictions. You shall not:

      • directly or indirectly, reverse engineer, decompile, disassemble, decipher, or otherwise attempt to derive the source code for the Service;
      • override any security feature or bypass or circumvent any access controls of use limits of the Services;
      • copy, use, disclose, or distribute any information obtain from the Services without the consent of Polly;
      • use any data or information disclosed to you within the Services for any use other than in connection with the Services;
      • create a false or duplicate identity in the Services, misrepresent your identity, create an account for anyone other than yourself, or use or attempt to use another person’s account;
      • disclose information that you do not have the consent to disclose (such as consumer information);
      • violate the intellectual property rights of others, including copyrights, trademarks, patents, trade secrets, or proprietary rights;
      • violate the intellectual property or other rights of Polly, including (i) copying or distributing our Services, and (ii) using the word POLLY or our logos for any purpose;
      • use the Services to develop any derivative or competitive work of any kind;
      • alter, remove, or obscure any copyright or trademark notices or other proprietary notices on and in any part of any screen shots or reports printed from the Services;
      • use bots or other automated methods to access the Services;
      • monitor the Services availability, performance, or functionality for any competitive purpose;
      • make the Services available through any website or other application, or engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services; and/or
      • interfere with the operation of, or place an unreasonable load on, the Services.
  1. WARRANTY AND LIMITATION OF LIABILITY.

POLLY MAKES NO REPRESENTATION OR WARRANTY ABOUT THE SERVICES, INCLUDING ANY REPRESENTATION THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. POLLY PROVIDES THE SERVICES ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, POLLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS, INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IMPLIED WARRANTY OF TITLE, ACCURACY OF DATA, OR NON-INFRINGEMENT.

NEITHER WE NOR OUR AFFILIATES SHALL BE LIABLE TO YOU OR TO ANY OTHER PERSON IN CONNECTION WITH THE SERVICES FOR DIRECT, INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR ANTICIPATED PROFITS, LOSS BY REASON OF SHUTDOWN IN OPERATION OR INCREASED EXPENSES OF OPERATION, OR OTHER DIRECT OR INDIRECT LOSS OR DAMAGE) OF ANY NATURE ARISING FROM ANY CAUSE WHATSOEVER, EVEN IF WE, OUR SUPPLIERS, OR THEIR RESPECTIVE AFFILIATES, AGENTS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN THE EVENT POLLY IS LIABLE TO YOU FOR ANY DAMAGES, THE AMOUNT WILL NOT EXCEED (I) THE TOTAL FEES PAID OR PAYABLE BY YOU TO POLLY DURING THE TERM OF THIS AGREEMENT, IF ANY, OR (II) $50.

The limitations of liability in this Section are part of the basis of the bargain between you and Polly and shall apply to all claims of liability (e.g., warranty, tort, negligence, contract and law) even if Polly or its affiliates has been told of the possibility of any such damage, and even if these remedies fail their essential purpose.

These limitations of liability do not apply to liability for death or personal injury or for fraud, gross negligence or intentional misconduct.

  1. GOVERNING LAW AND DISPUTE RESOLUTION.

These Terms shall be governed by, and interpreted, construed, and enforced in accordance with the laws of the State of Vermont, without giving force or effect to the principles of conflicts of laws. The courts of the State of Vermont serving Chittenden County, Vermont shall have exclusive jurisdiction over you and us with respect to any dispute or controversy arising under or in connection with these Terms and each of the Parties submits to the jurisdiction of those courts. EACH PARTY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OF ANY TRANSACTIONS CONTEMPLATED HEREBY. In the event of any dispute between you and Us arising out of or concerning these Terms, you and Us agree to use reasonable best efforts to resolve any such dispute amicably, in good faith, and expeditiously prior to resorting to litigation. The headings herein are provided for convenience only and shall not be construed to infer intent or meaning.

  1. GENERAL TERMS.

If any provision of these Terms is determined by a court of competent jurisdiction to be invalid or unenforceable, such provision shall be deemed amended to achieve as closely as possible the intended effect of the original provision, and such determination shall not affect the validity or enforceability of any other part or provision of these Terms. If the court cannot do that, you and We agree to ask the court to remove the unenforceable part and still enforce the rest of these Terms.

These Terms are the only agreement between you and Polly regarding the Services and supersedes all prior agreements for the Services between you and Polly.

If we don't act to enforce a breach of these Terms, that does not mean that Polly has waived its right to enforce these Terms. You may not assign or transfer these Terms to anyone without our consent. However, you agree that Polly may assign these Term to its affiliates or another party without your consent. There are no third-party beneficiaries to these Terms.

You are using the Services solely as an independent contractor. Nothing herein, including payment of Referral Fees, shall be construed as creating a partnership, joint venture, or employment relationship between you and Polly.

  1. TERMINATION.

Both you and Polly may terminate these Terms at any time with notice to the other. On termination, you lose the right to access or use the Services. Section 5 and 6, and any other provisions of these Terms that by their nature should survive termination, shall survive termination of these Terms.

  1. HOW TO CONTACT US.

If you have any questions about these Terms, contact legal@polly.co.

All legal notices and other communications to us shall be in writing and shall be deemed to have been given three (3) days after the day we have received it and shall be addressed as follows: Polly Insurance Agency, LLC, 2300 Saint George Road, Williston, VT 05495, Attention: Legal Department. This is the only way to provide us legal notice.