Terms & Conditions

Last Updated: October 22, 2024

Welcome to White Swan Insurance Solutions, Inc. (“White Swan,” “we,” “us,” or “our”). These Terms and Conditions (“Terms”) govern your access to and use of our platform, services, and applications (collectively, the “Services”). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree with these Terms, please do not use our Services.

1. Acceptance of Terms

By using our Services, you confirm that you are at least 13 years old. If you are accessing the Services on behalf of a business or legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.

2. Services Overview

White Swan operates within the insurance and financial services industry in the United States, offering various Services under four different business models:

• Direct to Consumer: Serving individuals directly with their insurance needs. We act as the writing and servicing agent, providing technology and human support throughout the buying process and policy lifetime.

• Concierge Plan: Acting as the writing and servicing agent for buyers referred by business partners who hold an account with us. Partners may share in our compensation, subject to a separate contract and necessary licensing.

• Digital Agent Plan: Providing agents and agencies with access to our technology through Back9 Insurance, allowing them to streamline new business processing at no upfront cost. Subscribers act as their own writing and servicing agents, with White Swan receiving a portion of the override commission.

• Innovator Plan: Offering a pure software-as-a-service (SaaS) model where agents and agencies access our technology. Subscribers pay a one-time fee, per-user fees, and per-application fees. White Swan is not part of the commission structure.

3. User Obligations and Acceptable Use

• Compliance: You agree to comply with all applicable laws and regulations, including but not limited to insurance regulations, FINRA, SEC, NAIC, and state-specific regulations.

• Licensing: Agents using the platform for their purposes must hold appropriate licenses.

• Prohibited Activities: You shall not circumvent our fee structure, attempt to access unauthorized areas of the platform, or engage in any activity that disrupts or interferes with the Services.

• Data Integrity: Cases started on the platform should be completed within it. If a case is finished elsewhere, you must notify White Swan to ensure proper compensation.

• Business User Liability: Business users utilizing the platform for their own purposes do so at their own risk and are solely responsible for ensuring compliance with all applicable laws and regulations. White Swan disclaims any liability arising from such use.

4. Intellectual Property

All content, features, and functionality on the platform—including but not limited to text, graphics, logos, and software—are the exclusive property of White Swan and are protected by U.S. and international copyright, trademark, patent, trade secret, and other intellectual property laws.

• Customization: While we offer white-labeling options such as custom logos, domains, embedding, and communication methods, we retain all ownership and intellectual property rights in the core technology.

• User-Generated Content: Any customizations or user-generated content added by business users are their responsibility and outside our liability.

• Custom Functionality: Any custom functionalities or developments created by White Swan for business users, regardless of associated fees, are and will remain the sole property of White Swan. Business users are granted a non-exclusive license to use such functionalities as part of the Services.

5. Limitation of Liability and Disclaimers

• No Guarantees: We do not guarantee that the policy recommendations or instant quotes provided are accurate, optimal, or the most competitive for your needs.

• Platform Availability: While we strive to keep the platform available 24/7, we do not guarantee uninterrupted access and are not liable for any downtime.

• Third-Party Services: Our platform may include links or integrations to third-party services. We are not responsible for the content, functionality, or availability of such services.

• Platform Independence: When the platform is used by business users for their own purposes, we do not guarantee the independence of the platform or that it will support multiple carriers as initially designed.

• Information Completeness: We do not guarantee that the platform will collect all information necessary to process an insurance case or that the recommendations provided will be accurate or sufficient for your specific needs.

• Integrations and APIs: We provide integration options through Zapier, API suites, and direct integrations. White Swan is not liable for how data is used or the results of any integrations implemented by business users. It is the responsibility of the business user to ensure that integrations comply with all applicable laws and regulations.

• Service Availability: While we strive to keep the platform available 24/7 and commit to making best efforts to resolve any downtime issues promptly, we do not guarantee uninterrupted access and are not liable for any downtime.

• Carrier Relationships: We are not representatives or agents of the insurance companies for which we provide quotes. While we may have contractual agreements allowing us to write policies on their behalf, we operate independently and do not speak for or bind these companies.

• Knowledge Base Accuracy: Our knowledge base is provided for informational purposes only and may not always reflect the most current developments due to the evolving nature of the platform. We do not guarantee the accuracy or completeness of any information provided.

• Accessibility: Our platform is designed with accessibility considerations to accommodate users with disabilities. However, any customizations or modifications made by business users may affect accessibility. White Swan is not responsible for accessibility issues arising from such customizations.

6. Data Collection and Privacy‍

Your use of our Services is subject to our Privacy Policy [link], which outlines how we collect, use, and protect your personal information.

7. Payment Terms and Refunds

• Innovator Plan: All fees paid under the Innovator Plan are non-refundable. Cancellations are not permitted once billing has been activated.

• Concierge and Digital Agent Plans: Commissions may be subject to clawback by carriers. Any commission shares received may need to be repaid to White Swan if policies are surrendered or terminated within a specified period.

• Termination: Users may terminate their accounts, but no refunds will be issued for any fees or charges already incurred.

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8. Data Security

We implement a variety of security measures to maintain the safety of your personal information, including encryption, secure servers, access controls, hashing, HTTPS, HSTS headers for white-labeled domains, two-factor authentication, and OAuth authentication.

• Third-Party Data Handling: When business users act as their own writing agents, the treatment and handling of collected data are their sole responsibility. White Swan is not liable for any non-compliance with privacy laws resulting from the misuse or mishandling of data by these users.

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9. Data Retention and Deletion

• Retention: We retain user data as long as the case is active. Abandoned cases are deleted after one year.

• Deletion Requests: Users may request deletion of their data by contacting support@whiteswan.io. Business users can delete cases directly through their accounts.

10. Regulatory Compliance

• Securities Offering: Securities offered through The Leaders Group, Inc., Member FINRA/SIPC, 26 W Dry Creek Circle, Suite 800, Littleton, CO 80120, 303-797-9080. White Swan Insurance Solutions, Inc. is not affiliated with The Leaders Group, Inc. (https://leadersgroup.net/).

• Insurance Licensing: We maintain our own licenses and have worked with compliance functions to ensure our operations and platform technology are compliant. When the platform is used by another business, compliance is not guaranteed and must be ensured independently by the business.

• Industry Regulations: We comply with all applicable industry regulations, including those set forth by FINRA, SEC, NAIC, and relevant state insurance departments. Business users are responsible for ensuring their own compliance with these regulations when using the platform for their purposes.

11. Dispute Resolution

• Governing Law: These Terms are governed by the laws of the State of Delaware, without regard to its conflict of law provisions.

• Arbitration: Any disputes arising out of or relating to these Terms or the Services will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

12. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of any changes via email. Your continued use of the Services after such modifications constitutes your acceptance of the new Terms.

13. Contact Information

For questions or concerns about these Terms, please contact us at support@whiteswan.io.