PolicyTek, LLC Terms of Use
Effective Date: January 1, 2024
These Terms of Use (“Terms”) govern your access to and use of the PolicyTek, LLC websites, applications, software, CRM and agency management systems, lead marketplace features, payment and payout tools, commission calculation tools, APIs, integrations, and all related services (collectively, the “Services”).
By accessing, browsing, registering for, or using the Services, you agree to be bound by these Terms and the PolicyTek, LLC Privacy Policy. If you do not agree, you must not use the Services.
1. Definitions
- PolicyTek, LLC, PolicyTek, we, us, our means PolicyTek, LLC and its affiliates, owners, officers, directors, employees, contractors, and agents.
- Visitor means any person who visits our websites without creating an account.
- User means any person or entity that accesses or uses the Services, including Visitors.
- Account Owner means the individual or entity responsible for an account and all associated billing and users.
- Agency means an organization using the Services for multiple users, teams, or sub-accounts.
- Agency User means any individual accessing the Services under an Agency account.
- Buyer means a User that purchases leads, calls, data, or related services.
- Vendor means a User that supplies or sells leads, calls, data, or traffic sources.
- Leads / Calls / Data means any consumer inquiry, call, form submission, event, or associated information made available through the Services.
- Third-Party Services means any software, platform, carrier, payment processor, API, webhook, integration, or technology not owned or controlled by PolicyTek, LLC.
2. Acceptance of Terms
By creating an account, clicking “I Agree,” completing a transaction, or otherwise using the Services, you affirmatively agree to these Terms. Continued use of the Services constitutes acceptance of any updated Terms.
3. Nature of the Services
PolicyTek, LLC provides a software-as-a-service platform that may include:
- Customer relationship management (CRM) tools
- Agency management systems (AMS)
- Lead distribution and routing
- Marketplace-style lead sourcing
- Payment collection and vendor payouts
- Commission and split calculations
- Reporting, analytics, APIs, and integrations
PolicyTek, LLC provides technology infrastructure only.
PolicyTek, LLC is not an insurance agency, broker, producer, carrier, marketer, call center, compliance advisor, fiduciary, escrow agent, partner, or joint venturer.
PolicyTek, LLC does not provide insurance, legal, or compliance advice.
4. Eligibility and Authority
You represent that you are at least 18 years old and have authority to bind yourself or the entity you represent. If you use the Services on behalf of an Agency or other entity, that entity is responsible for all activity under its account.
5. Account Responsibility
The Account Owner is responsible for all actions, data, compliance, and charges associated with the account, including actions taken by Agency Users, sub-accounts, or invited users.
You are responsible for maintaining the security of your login credentials.
6. User Data and CRM Responsibility
You retain ownership of the data you upload, submit, or process through the Services (“User Content”).
You are solely responsible for:
- The accuracy, legality, and compliance of User Content
- Obtaining all required permissions and consents
- How User Content is stored, used, transmitted, marketed, or contacted
PolicyTek, LLC does not verify data accuracy, validate consent, or monitor compliance. You assume all liability arising from User Content and its use.
You grant PolicyTek, LLC a limited license to host, process, transmit, and display User Content solely to operate, maintain, and secure the Services.
7. Marketplace Transactions and Payments
PolicyTek, LLC may facilitate payment collection from Buyers and payout distribution to Vendors as a technical and administrative service.
PolicyTek, LLC is not a party to the underlying transaction between Buyers and Vendors, notwithstanding payment processing, commission calculations, or fund transfers.
All legal, financial, tax, and compliance obligations arising from transactions exist solely between the applicable Users.
8. Final Sale and No Refund Policy
All transactions processed through the Services are final and non-refundable to the maximum extent permitted by law.
This includes, without limitation:
- Leads, calls, and data
- Subscription fees
- Platform, processing, and service fees
- Commission distributions
Fees are earned upon processing and may be retained by PolicyTek, LLC, including fees paid to third-party processors.
9. Chargebacks and Payment Disputes
You agree not to initiate chargebacks or payment disputes except where required by applicable law or card network rules. You agree to first use any internal resolution process offered by PolicyTek, LLC.
Any abusive, bad-faith, or unauthorized dispute may result in account suspension or termination, forfeiture of balances, recovery of fees and costs, and restriction of future access.
10. Lead Quality and Performance Disclaimer
Leads, calls, and data are provided “as is” and “as available.”
PolicyTek, LLC makes no guarantees regarding:
- Quality, intent, accuracy, or exclusivity
- Conversion rates or profitability
- Compliance sufficiency
- Availability, uptime, or routing accuracy
11. Commission Calculations
PolicyTek, LLC may calculate commissions, splits, payouts, and reports based on user-defined rules, system data, and third-party inputs.
All calculations are provided for informational purposes only. You are responsible for verifying accuracy and resolving disputes.
PolicyTek, LLC is not liable for errors, miscalculations, overpayments, underpayments, or resulting disputes, to the maximum extent permitted by law.
12. Third-Party Services and Integrations
The Services may integrate with or rely on Third-Party Services.
PolicyTek, LLC does not control and is not responsible for Third-Party Services, including their availability, accuracy, security, or compliance.
Any data transmitted to or from Third-Party Services is done at your direction and risk.
13. Security and Data Incidents
PolicyTek, LLC implements reasonable administrative, technical, and physical safeguards. However, no system is completely secure.
To the maximum extent permitted by law, PolicyTek, LLC is not responsible for unauthorized access, security incidents, or data breaches caused by user actions, compromised credentials, Third-Party Services, or events beyond PolicyTek, LLC’s reasonable control.
14. Proprietary Technology and Intellectual Property
All software, source code, workflows, algorithms, interfaces, models, documentation, and platform features are the exclusive property of PolicyTek, LLC and protected by intellectual property laws.
You are granted a limited, non-exclusive, non-transferable, revocable license to use the Services while in compliance with these Terms.
15. Acceptable Use
You agree not to:
- Violate applicable laws or regulations
- Misrepresent authority or licensing
- Scrape, reverse engineer, or interfere with the Services
- Abuse payment or dispute systems
- Upload malicious code
- Infringe intellectual property or privacy rights
16. Suspension and Termination
PolicyTek, LLC may suspend or terminate access to the Services at any time, with or without notice, for any reason.
Upon termination:
- Access may cease immediately
- Data may be deleted
- Fees remain owed
- Earned fees may be retained
17. Disclaimers
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
POLICYTEK, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
18. Limitation of Liability
To the maximum extent permitted by law, PolicyTek, LLC shall not be liable for indirect, incidental, consequential, special, or punitive damages.
PolicyTek, LLC’s total cumulative liability for any claim shall not exceed the greater of:
- The amount paid to PolicyTek, LLC in the 30 days preceding the event giving rise to the claim, or
- $100
19. Indemnification
You agree to defend, indemnify, and hold harmless PolicyTek, LLC from any claims, damages, losses, liabilities, fines, penalties, and expenses arising from:
- Your use of the Services
- Your data and marketing practices
- Compliance failures
- Buyer-Vendor disputes
- Actions of Agency Users or sub-accounts
20. Arbitration and Waiver of Right to Sue
Any dispute arising out of or relating to these Terms or the Services shall be resolved by binding arbitration on an individual basis.
You waive the right to a jury trial and to participate in class, collective, or representative actions.
21. Governing Law
These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles.
22. Modifications
PolicyTek, LLC may modify these Terms at any time. Continued use of the Services constitutes acceptance of the modified Terms.
23. Severability and Survival
If any provision is unenforceable, the remaining provisions remain in full force.
Provisions relating to fees, liability limitations, indemnification, arbitration, and intellectual property survive termination.
24. Contact
PolicyTek, LLC
Email: contact@policytek.com
