Legal
Effective Date: March 25, 2026 | Last Updated: March 31, 2026
By accessing or using the ES Rating platform, website, APIs, or any related services (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms"), our Privacy Policy, and any additional terms incorporated by reference. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and "you" refers to both you individually and the organization.
If you do not agree to these Terms, you must not access or use the Service.
ES Rating provides an AI-powered software platform for creating, configuring, deploying, and managing insurance rating programs. The Service includes, but is not limited to: AI-assisted program building tools, deterministic rating engines, agent portal hosting, document generation, electronic signature integration, payment processing integration, analytics, commission tracking, and related functionality.
ES Rating is a technology platform. We are not an insurance company, managing general agent (MGA), insurance broker, or insurance producer. We do not underwrite, bind, issue, or guarantee any insurance policies. We do not provide insurance, actuarial, legal, tax, or regulatory advice.
You must provide accurate and complete information when creating an account. You are responsible for: (a) maintaining the confidentiality of your account credentials, including passwords, API keys, and multi-factor authentication devices; (b) all activity that occurs under your account; and (c) notifying us immediately at support@esrating.com of any unauthorized access or security breach.
We reserve the right to suspend or terminate accounts that we reasonably believe have been compromised, are being used fraudulently, or violate these Terms.
We offer a free tier that allows you to build and test insurance programs without charge. The free tier includes limitations on the number of programs (2) and daily AI calls (25). Free tier documents include a "TEST MODE - NOT FOR PRODUCTION" watermark. Billing begins at $500/month per program when you activate "Go Live." Your data is preserved indefinitely regardless of tier.
Fees for the Service consist of: (a) monthly subscription fees based on your selected plan and number of active programs; and (b) per-transaction fees for portal usage (quotes, binds, e-signatures, Document AI, address validation, and other metered actions). Current pricing is described on our pricing page.
Per-transaction fees are deducted from a prepaid billing pool balance. You are responsible for maintaining a sufficient balance. If your balance reaches zero, per-transaction services may be paused until the balance is replenished.
All fees are in U.S. dollars. Subscription fees are non-refundable except as required by law. We reserve the right to modify pricing with at least 30 days advance written notice. If you do not agree to a price change, you may cancel your subscription before the change takes effect.
Failed payments may result in service interruption. We will make reasonable efforts to notify you before suspending access due to payment issues.
You agree to use the Service only for lawful purposes and in compliance with all applicable laws and regulations, including all applicable state and federal insurance regulations. You will not:
THIS IS A CRITICAL PROVISION. PLEASE READ IT CAREFULLY.
You are solely and exclusively responsible for:
ES Rating does not provide actuarial, legal, regulatory, or insurance advice. The AI-generated content in the Service (including program structures, rating logic, forms, and document templates) is provided as a starting point and must be reviewed, validated, and approved by qualified professionals before use. AI-generated content may contain errors, omissions, or inaccuracies.
You acknowledge that incorrect rates, non-compliant programs, or inaccurate documents may result in financial loss, regulatory penalties, coverage disputes, or other harm, and that ES Rating bears no responsibility for such outcomes.
The Service uses artificial intelligence (currently Anthropic Claude and OpenAI GPT models) to assist with program generation, document analysis, and related tasks. You acknowledge and agree that:
You retain full ownership of all data you upload, create, or generate through the Service, including but not limited to: program configurations, rating tables, forms, policy data, insured information, documents, and integration credentials. We claim no ownership rights over your content.
You grant us a limited, non-exclusive license to use, process, store, and transmit your data solely as necessary to provide and operate the Service. This license terminates when you delete your data or your account is closed, subject to our data retention obligations.
We may use aggregated, anonymized, and de-identified data (that cannot be traced back to you or any insured) to improve the Service, generate benchmarks, and develop new features.
The Service, including all software, algorithms, user interfaces, documentation, and trademarks, is owned by ES Rating and protected by intellectual property laws. These Terms do not grant you any rights to our intellectual property except the limited right to use the Service in accordance with these Terms.
You may not use our name, logo, or trademarks without our prior written consent, except as necessary to accurately describe your use of the Service.
We strive to maintain high availability of the Service but do not guarantee uninterrupted, error-free, or continuous access. The Service may be temporarily unavailable due to:
We are not liable for any losses, damages, or costs arising from Service unavailability, including but not limited to: missed quoting deadlines, delayed policy issuance, lapsed renewals, or inability to bind coverage. You should maintain appropriate backup procedures and alternative workflows for critical insurance operations.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
(a) ES RATING, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO: LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF BUSINESS OPPORTUNITIES, LOSS OF GOODWILL, REGULATORY FINES OR PENALTIES, INSURANCE COVERAGE DISPUTES, CLAIMS BY INSUREDS OR THIRD PARTIES, OR COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(b) OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (i) THE TOTAL AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (ii) FIVE HUNDRED U.S. DOLLARS ($500).
(c) WITHOUT LIMITING THE FOREGOING, WE ARE NOT LIABLE FOR: INCORRECT RATES OR PREMIUM CALCULATIONS RESULTING FROM YOUR CONFIGURATION; REGULATORY NON-COMPLIANCE OF YOUR PROGRAMS; ERRORS IN AI-GENERATED CONTENT THAT YOU DEPLOYED WITHOUT ADEQUATE REVIEW; FINANCIAL LOSSES RESULTING FROM UNDERPRICED OR OVERPRICED POLICIES; THIRD-PARTY SERVICE FAILURES (STRIPE PAYMENT FAILURES, E-SIGNATURE PROVIDER OUTAGES, ETC.); OR ANY DAMAGES ARISING FROM SERVICE INTERRUPTIONS OR DATA LOSS.
Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.
You agree to indemnify, defend, and hold harmless ES Rating and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO: WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AND COMPLETENESS.
WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT: (a) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (c) RESULTS OBTAINED FROM THE SERVICE (INCLUDING AI-GENERATED CONTENT, RATING CALCULATIONS, AND DOCUMENTS) WILL BE ACCURATE, RELIABLE, OR COMPLETE; OR (d) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
By you: You may cancel your subscription and terminate these Terms at any time through your account settings or by contacting support@esrating.com. Upon cancellation, your subscription will not renew and your access to the Service will end at the conclusion of the current billing period.
By us: We may suspend or terminate your access to the Service immediately and without notice if: (a) you breach these Terms; (b) your account is involved in fraudulent, abusive, or illegal activity; (c) required by law or regulatory order; or (d) your payment is more than 30 days overdue after notification.
Effect of termination: Upon termination, your right to use the Service ceases. We will provide a reasonable period (minimum 30 days) for you to export your data before deletion. You remain liable for all fees incurred prior to termination. Provisions that by their nature should survive termination (including limitation of liability, indemnification, disclaimers, and data retention obligations) will survive.
These Terms are governed by and construed in accordance with the laws of the State of Washington, without regard to conflict of law principles.
Any dispute arising out of or relating to these Terms or the Service shall first be submitted to good-faith mediation. If mediation is unsuccessful, disputes shall be resolved in the state or federal courts located in Spokane County, Washington. You consent to the exclusive jurisdiction of such courts.
Nothing in this section prevents either party from seeking injunctive or other equitable relief to protect its intellectual property rights or confidential information.
We reserve the right to modify these Terms at any time. We will provide at least 30 days advance written notice of material changes by email or through the Service. Your continued use of the Service after changes take effect constitutes acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Service before the changes take effect.
For questions about these Terms, contact us at:
ES Rating, LLC
Spokane, WA
Email: support@esrating.com
Website: esrating.com
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