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Terms of Use

Last updated: 5/1/2025

1. Acceptance of Terms

By accessing and using DataHaven Software's services, including our data lakehouse solutions, AI-driven risk assessment tools, and related services (collectively, the "Services"), you agree to be bound by these Terms of Use and all applicable laws and regulations.

2. Service Description

DataHaven Software provides managed data lakehouse solutions and AI-driven services for property & casualty (P&C) insurance carriers. Our services include:

  • AI-Driven Risk Assessment
  • Compliance Solutions
  • Secure Data Management
  • Automated RAG Pipelines
  • Workers' Compensation Premium and Policy Rating
  • Data Analytics Platform

3. Data Usage and Privacy

We are committed to protecting your data and privacy. Our use of your data is governed by our Privacy Policy. By using our Services, you acknowledge that:

  • You have the right to share any data you provide to us
  • You grant us necessary permissions to process your data for the intended services
  • You understand our data retention and security practices

4. Intellectual Property Rights

All intellectual property rights in the Services, including but not limited to software, algorithms, AI models, and documentation, are owned by DataHaven Software. Users may not:

  • Reverse engineer our software or AI models
  • Copy or reproduce any part of our Services
  • Access our Services through unauthorized means
  • Modify, adapt, or create derivative works
  • Remove or alter any proprietary notices

5. Compliance and Regulatory Requirements

Users must comply with all applicable insurance regulations, data protection laws, and industry standards. This includes:

  • NCCI compliance requirements
  • State-specific insurance regulations
  • Data protection and privacy laws
  • Industry security standards
  • Regulatory reporting requirements

6. Limitation of Liability

DataHaven Software shall not be liable for any indirect, incidental, special, consequential, or punitive damages resulting from your use of our Services. Our liability is limited to the amount paid for the Services in the 12 months preceding the claim.

Exclusions

This limitation of liability does not apply to:

  • Willful misconduct or gross negligence
  • Death or personal injury
  • Fraud or fraudulent misrepresentation
  • Any liability that cannot be excluded by law

7. Modifications to Terms

We reserve the right to modify these terms at any time. Continued use of the Services after such modifications constitutes acceptance of the updated terms.

Notice of Changes

We will provide notice of material changes by:

  • Posting a notice on our website
  • Sending an email to registered users
  • Displaying a prompt within the Services
  • Updating the "Last Modified" date

8. Jurisdiction and Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Any dispute arising from or relating to these Terms shall be subject to the exclusive jurisdiction of the state and federal courts located in Delaware, United States.

International Users

For users outside the United States:

  • Any dispute shall be resolved through binding arbitration under the Rules of Arbitration of the International Chamber of Commerce
  • The arbitration shall be conducted in English
  • The seat of arbitration shall be Delaware, United States
  • The arbitration panel shall consist of three arbitrators

9. Warranty Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.

Specific Disclaimers

DataHaven Software specifically disclaims all implied warranties of:

  • Merchantability
  • Fitness for a particular purpose
  • Non-infringement
  • Accuracy of data
  • System integration

10. Indemnification

You agree to indemnify, defend, and hold harmless DataHaven Software, its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from:

  • Your violation of these Terms
  • Your use of the Services
  • Any claim of infringement arising from data you submit
  • Any activity related to your account
  • Breach of any applicable laws or regulations

11. Force Majeure

DataHaven Software shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to:

  • Acts of God, war, terrorism, or civil unrest
  • Cyber attacks or security breaches by third parties
  • Government actions or regulations
  • Network or power failures
  • Pandemic or public health emergencies

12. Service Level Agreement

DataHaven Software commits to:

  • 99.9% service availability measured monthly
  • Response time within 1 hour for critical issues
  • Regular maintenance windows with advance notice
  • Data backup and recovery procedures

Service Credits

Service credits will be issued according to our SLA policy for any failure to meet these commitments, subject to:

  • Verification of the service disruption
  • Timely notification of the issue
  • Proper documentation of the impact
  • Compliance with all Terms of Use

13. Export Control

The Services are subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree to comply with all such laws and regulations, including but not limited to:

  • U.S. Export Administration Regulations
  • International Traffic in Arms Regulations
  • Office of Foreign Assets Control regulations
  • End-user, end-use, and destination restrictions
  • Sanctions and embargoes

14. Insurance Requirements

Enterprise clients must maintain insurance coverage including:

  • Commercial General Liability Insurance ($2M per occurrence)
  • Cyber Liability Insurance ($5M per occurrence)
  • Professional Liability Insurance ($2M per occurrence)
  • Workers' Compensation as required by law

Certificate Requirements

All insurance certificates must:

  • Name DataHaven Software as an additional insured
  • Provide for 30 days' prior written notice of cancellation
  • Be issued by insurers with AM Best rating of A- or better
  • Be primary and non-contributory

15. Termination

DataHaven Software reserves the right to terminate or suspend access to the Services:

  • For violation of these Terms
  • Non-payment of fees
  • Fraudulent or illegal activities
  • As required by law or regulation

Effect of Termination

Upon termination:

  • All rights and licenses will immediately terminate
  • You must cease all use of the Services
  • You must pay all outstanding fees
  • Data will be handled according to our Data Retention Policy