This document is a combined agreement governing access to and use of the PolicyTek, LLC websites, applications, software, customer relationship management (CRM) systems, agency management (AMS) systems, lead marketplace features, call routing and display tools, analytics dashboards, artificial intelligence and automation tools, payment and payout tools, APIs, webhooks, integrations, and related services (collectively, the “Services”).
By accessing, browsing, registering for, clicking to accept, purchasing from, selling through, connecting to, integrating with, or otherwise using any portion of the Services, you agree to be bound by this document. If you do not agree, you must not access or use the Services.
Information about how PolicyTek collects, uses, and discloses personal information is described in the Privacy Policy, which is incorporated by reference into this document.
1. Definitions
- “PolicyTek,” “PolicyTek, LLC,” “we,” “us,” and “our” mean PolicyTek, LLC and its affiliates, owners, officers, directors, employees, contractors, agents, successors, and assigns.
- “Services” means all PolicyTek websites, applications, software, CRM tools, AMS tools, lead marketplace functions, call routing and display features, dialer or telephony display features, payment and wallet tools, payout tools, commission calculation tools, APIs, webhooks, integrations, workflows, analytics, AI or automation features, and related services.
- “User” means any person or entity that accesses or uses the Services, including visitors, account owners, agency users, buyers, vendors, advertisers, and integration partners.
- “Account Owner” means the person or entity responsible for an account and all associated users, billing, settings, actions, balances, permissions, subaccounts, and compliance obligations.
- “Agency” means an organization using the Services for multiple users, teams, or subaccounts.
- “Buyer” means a User that purchases leads, calls, data, traffic, advertising, subscriptions, services, software access, or related items through or in connection with the Services.
- “Vendor” means a User or third party that supplies, routes, sells, transmits, or makes available leads, calls, data, traffic sources, advertising inventory, or related services.
- “Leads / Calls / Data” means any consumer inquiry, inbound or outbound communication, phone call, transfer, form submission, event, routing event, record, or associated information made available through the Services.
- “User Content” means all information, recordings, logs, messages, files, forms, notes, tags, campaign data, call data, transcripts, uploads, exports, webhook payloads, API responses, and other content uploaded, transmitted, generated, stored, routed, or processed through the Services.
- “Third-Party Services” means any software, platform, carrier, payment processor, lead source, dialer, AI provider, data vendor, API, webhook destination, integration, communication tool, analytics tool, cloud service, or technology not owned and controlled by PolicyTek.
2. Acceptance of Terms and Contract Formation
By creating an account, clicking “I Agree” or similar acceptance language, completing a transaction, using the Services, or allowing any user under your account to do so, you affirmatively agree to this document and any incorporated policies, order forms, pricing pages, checkout disclosures, clickwrap screens, or marketplace rules.
Electronic acceptance, electronic records, and electronic signatures shall be binding to the maximum extent permitted by law, including under the Electronic Signatures in Global and National Commerce Act (E-SIGN Act) and the Uniform Electronic Transactions Act (UETA).
Continued use of the Services after changes become effective constitutes acceptance of the modified version, subject to the notice provisions in Section 27.
3. Nature of the Services; Commercial Business Relationship
3.1 Commercial Business Relationship
The Services are offered solely for commercial business purposes and are not intended for personal, family, or household use. All Users represent and warrant that they are acting exclusively in a business capacity as independent contractors, agencies, marketing organizations, lead vendors, or licensed insurance professionals. All transactions conducted through the Services are business-to-business commercial transactions.
3.2 Platform Role
PolicyTek provides technology infrastructure only. PolicyTek is not an insurance agency, broker, producer, carrier, marketer, call center, communications carrier, telemarketing firm, “seller” or “telemarketer,” compliance advisor, law firm, fiduciary, escrow agent, trustee, partner, joint venturer, employer of Users, or principal in transactions between Users.
PolicyTek does not provide insurance advice, legal advice, tax advice, compliance advice, underwriting decisions, or guarantees of business results, and does not supervise, monitor, or assume responsibility for any User’s compliance with applicable law.
4. Eligibility, Authority, and Account Responsibility
You represent that you are at least eighteen (18) years old and have full power and authority to bind yourself and any entity on whose behalf you act.
The Account Owner is responsible for all activity, data, settings, balances, fees, disputes, compliance, and acts or omissions associated with the account, including those of agency users, employees, contractors, assistants, admins, invited users, and subaccounts.
You are responsible for maintaining the confidentiality and security of credentials, devices, API keys, tokens, and authentication factors. You must promptly notify PolicyTek of any suspected unauthorized use.
5. User Content, CRM Responsibility, and Compliance Allocation
You retain ownership of User Content, subject to the licenses granted in this document.
You are solely responsible for the accuracy, legality, sufficiency, ownership, permissions, notices, and compliance status of all User Content and all uses of it, including collection, recording, storage, transmission, marketing, contact, sale, transfer, export, retention, and deletion.
PolicyTek does not verify accuracy, validate consent, review scripts, confirm licenses, determine lawful use cases, or monitor compliance with insurance, advertising, privacy, telemarketing, or communications laws.
You grant PolicyTek a limited, worldwide, non-exclusive license to host, process, transmit, display, index, cache, route, reproduce, and otherwise use User Content solely as necessary to provide, secure, maintain, improve, support, and enforce the Services and this document.
6. Marketplace Transactions, Billing, and Finality of Charges
PolicyTek may facilitate payment collection from buyers and payout distribution to vendors as a technical and administrative service.
PolicyTek is not a party to the underlying commercial relationship between buyers and vendors, notwithstanding payment collection, payout routing, commission calculations, wallet entries, balance displays, or transfer mechanics.
All fees, charges, purchases, subscriptions, lead buys, call buys, data buys, service charges, platform charges, processing charges, wallet debits, commission deductions, and related amounts are final, earned when processed, and non-refundable to the maximum extent permitted by law unless PolicyTek expressly states otherwise in writing.
Fees may be retained by PolicyTek, including amounts paid to payment processors and third-party service providers, and PolicyTek may deduct fees, offsets, reversals, processor penalties, reserves, or other amounts from present or future balances.
7. Call Duration Billing and Refund Framework
7.1 Calls Past the Minimum Duration
Beginning November 24, 2025, all calls that exceed the platform-defined minimum duration threshold, measured in seconds, are deemed billable, earned, final, and non-refundable, except as required by applicable non-waivable consumer protection law or as expressly stated otherwise in writing by PolicyTek.
7.2 Calls Under the Minimum Duration; Eligible Dispute Grounds
Calls under the minimum duration threshold are not automatically refundable but may be reviewed in good faith by PolicyTek upon a timely dispute. Eligible dispute grounds include only the following, in each case as substantiated by call recordings, transcripts, routing records, or consent certificates available to PolicyTek:
- Wrong vertical — the consumer is not in-market for the product class the buyer is configured to purchase;
- Duplicate — the same consumer was delivered to the same buyer within the duplicate-window posted on the marketplace for that product;
- Disconnected on connect — the call ended before any meaningful exchange between the consumer and the agent and below the minimum duration threshold;
- Language mismatch — the consumer’s spoken language does not match the language the buyer is configured to receive;
- Minor — the consumer is reasonably believed to be under eighteen (18) years of age;
- No valid consent record — the vendor cannot produce a valid TrustedForm, Jornaya/LeadID, or equivalent consent certificate within the timeframe set forth in Section 12.3;
- Bot or non-human traffic — the call is reasonably believed to be machine-generated, IVR-pumped, or otherwise fraudulent under Section 13; and
- Routing error — the call was routed to a buyer that did not request and was not eligible to receive it.
7.3 Dispute Window and Process
A dispute must be submitted through PolicyTek’s in-product dispute mechanism within seventy-two (72) hours of call completion, or such other window as PolicyTek posts on the marketplace for a specific product at the time of purchase. PolicyTek will respond to a properly submitted, complete dispute within five (5) business days, will review the dispute in good faith against the grounds in Section 7.2, and will provide a written decision through the platform.
PolicyTek’s determination is final between the parties, except as required by applicable non-waivable consumer protection law and the binding-arbitration provisions of Section 25.
7.4 Anti-Fraud Reversal
Notwithstanding Section 7.1, PolicyTek may, at any time and at its sole reasonable discretion, reverse, claw back, or refund charges for calls that PolicyTek determines, based on call recordings, transcripts, routing records, attestation data, or other available evidence, to have been fraudulent, bot-generated, IVR-pumped, non-consented, or otherwise generated in breach of Sections 12 or 13.
7.5 User Responsibility
Users are solely responsible for properly vetting, qualifying, and handling calls in accordance with PolicyTek’s call handling requirements and any marketplace or carrier-specific rules.
7.6 Non-Waiver of Consumer Rights
Nothing in this Section 7 limits, waives, or supersedes any right that you have under applicable non-waivable consumer protection law, including, where applicable, the California Consumers Legal Remedies Act, the California Unfair Competition Law, the Florida Deceptive and Unfair Trade Practices Act, or analogous state statutes.
8. Chargebacks, Payment Disputes, Collections, and Recovery Rights
8.1 Preservation of Network and Statutory Rights
Nothing in this Section 8 limits, waives, or supersedes any non-waivable right you have under applicable card-network rules (including the Visa Core Rules, Mastercard Rules, American Express Merchant Operating Guide, and Discover Operating Regulations), the Electronic Fund Transfer Act and Regulation E, the Truth in Lending Act and Regulation Z, or any analogous federal or state consumer-protection law. Where a dispute right is mandatory under those rules or laws, this Section 8 is construed not to restrict that right.
8.2 Covenant to Use Internal Process First
You covenant that, before initiating any chargeback, retrieval request, ACH return, reversal, payment dispute, bank dispute, processor complaint, or similar challenge with a card issuer, bank, or processor, you will first submit the dispute through PolicyTek’s in-product dispute mechanism described in Section 7.3 (for call disputes) or through PolicyTek’s general billing-support process (for all other disputes), and will allow PolicyTek a commercially reasonable period (not less than five (5) business days) to respond. Initiation of a chargeback or similar external dispute before exhausting that process is a material breach of these Terms.
8.3 PolicyTek’s Right to Contest and Document
If you initiate a chargeback or similar dispute and PolicyTek reasonably determines the transaction was authorized, valid, delivered, or otherwise not refundable under applicable rules, PolicyTek may contest the dispute and use any records available to it or its service providers, including login records, IP logs, device data, communications, acknowledgments, clickwrap acceptance logs, call recordings, call logs, transcripts, lead delivery logs, purchase history, refund history, support tickets, account activity, and third-party verification records.
8.4 Liability and Set-Off
Subject to Section 8.1, you remain liable for all disputed principal, chargeback amounts, processor penalties, network fines, representment costs, internal administrative costs, collection costs, and reasonable attorneys’ fees and court costs to the maximum extent permitted by law. PolicyTek may set off any such amounts against present or future balances, wallet funds, or vendor payouts in any of your accounts, and may require reserves against anticipated dispute activity.
8.5 Remedies
PolicyTek may suspend or terminate access, freeze or offset balances, withhold payouts, require reserves, disable features, reject future transactions, refer the debt to collections, assign the claim, pursue arbitration, or file suit to recover amounts owed, subject to any binding arbitration provision that applies.
8.6 Survival
No closure of an account, deletion request, or termination of use eliminates payment obligations or PolicyTek’s right to recover amounts owed.
9. Lead Quality, Marketplace, Advertising, and Performance Disclaimers
Leads, calls, data, transfers, appointments, clicks, traffic, routing events, and advertising or promotional opportunities are provided “as is” and “as available.”
PolicyTek makes no representation or warranty regarding quality, intent, accuracy, exclusivity, contactability, insurability, conversion, profitability, compliance sufficiency, routing accuracy, source integrity, campaign performance, ad performance, call length, consumer interest, or fitness for a particular purpose.
Users acknowledge that advertising markets, lead generation, traffic acquisition, and consumer response are inherently variable and that outcomes may be affected by third-party platforms, buyer conduct, scripts, response time, agent skill, licensing, compliance, geography, budgets, and external market conditions.
PolicyTek does not guarantee any minimum number of leads, calls, sales, appointments, conversions, commissions, ROI, or revenue. Unless expressly disclosed in writing as “exclusive,” leads and calls may be made available to one or more buyers.
10. Commission Calculations, Wallets, and Reports
PolicyTek may calculate commissions, splits, wallet entries, payouts, reports, and analytics based on user-defined rules, system data, and third-party inputs.
All calculations, reports, and dashboards are provided for informational and operational purposes only. You are responsible for verifying accuracy and resolving underlying disputes.
To the maximum extent permitted by law, PolicyTek is not liable for errors, omissions, delays, syncing failures, miscalculations, overpayments, underpayments, stale balances, duplicate entries, or resulting disputes.
11. Third-Party Services, APIs, Webhooks, and Integrations
The Services may integrate with, connect to, display data from, ingest data from, export data to, or otherwise rely on Third-Party Services.
All Third-Party Services are used at your direction, election, and risk, even when surfaced, recommended, embedded, or technically facilitated through the Services.
PolicyTek does not control and is not responsible for the availability, accuracy, legality, uptime, pricing, security, data practices, compliance, acts, omissions, failures, changes, or discontinuation of Third-Party Services.
You are solely responsible for configuring integrations, securing credentials, validating outputs, reviewing third-party terms and privacy policies, and ensuring lawful downstream use of any data or communications.
PolicyTek disclaims liability for misconfigurations, duplicate sends, failed synchronizations, webhook errors, malformed payloads, API misuse, carrier issues, third-party outages, data loss outside PolicyTek’s systems, unauthorized access caused by exposed credentials, and any downstream claim, enforcement action, or damages arising from third-party conduct or integration behavior.
12. User Compliance Allocation
The Services may display, store, stream, route, or make accessible call recordings, call logs, call metadata, transcripts, SMS or MMS content, email content, voicemails, and communication records that originate from third-party systems connected by Users. PolicyTek is a technology platform and does not initiate communications, obtain consent from any call participant, supervise marketing activity, or determine the legality of any User’s outreach.
User acknowledges that all marketing, calling, SMS, lead usage, and insurance solicitation activities conducted using leads, calls, or data obtained through the Services are solely the responsibility of the User. User is solely responsible for compliance with all applicable federal and state telemarketing, privacy, insurance marketing, wiretap, recording-consent, and communications laws, including but not limited to the Telephone Consumer Protection Act (“TCPA”), Do-Not-Call regulations, the CAN-SPAM Act, and all related state statutes. User is the “seller” and/or “telemarketer” with respect to communications User or User’s downstream partners place, cause to be placed, route, accept, transfer, or receive in connection with the Services. PolicyTek is not User’s agent for purposes of any communications law and does not assume any compliance obligation belonging to User.
Vendors and lead suppliers further represent and warrant that they have obtained all consents required by law for each lead, call, or consumer event made available through the Services, and will produce evidence of such consent (through TrustedForm, Jornaya, or equivalent industry-standard mechanisms) upon reasonable request. Failure to produce valid consent evidence is a material breach of these Terms.
To the maximum extent permitted by law, PolicyTek disclaims all liability arising from communications activity conducted by or on behalf of Users.
13. Vendor Anti-Fraud
Vendors and lead suppliers represent and warrant that they own or have the right to supply each lead, call, or consumer event provided through the Services, that they have obtained all consents required by law, and that no traffic is generated by bots, IVR pumping, click farms, or other fraudulent or deceptive means.
PolicyTek may, in its sole discretion and at any time, claw back vendor payouts, reverse settled commissions, suspend payouts, or set off against future balances for fraudulent, duplicative, or otherwise non-compliant traffic, regardless of whether the call duration thresholds described in Section 7 have otherwise been satisfied.
14. Buyer Representations and Restrictions
Buyers represent and warrant that, at all times during use of the Services, they hold all required state insurance producer licenses and authorizations for the products and jurisdictions in which they market or transact, they maintain appropriate professional liability coverage, and they will not market or sell products outside their licensure. Buyers will not use leads or calls obtained through the Services to market regulated products (including Medicare lines and Affordable Care Act / Marketplace coverage) unless those verticals have been separately authorized by PolicyTek in writing. Buyers will not resell, syndicate, append to, or re-broker any lead, call, transfer, or data obtained through the Services without PolicyTek’s prior written consent.
15. HIPAA Non-Applicability
PolicyTek is not a Covered Entity or Business Associate under the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations (45 C.F.R. Parts 160 and 164) (“HIPAA”) with respect to the Services. The Services are not designed to store, transmit, or process Protected Health Information (PHI) as defined by HIPAA. You agree not to upload, transmit, or transfer PHI through the Services and acknowledge that PolicyTek has no Business Associate obligations. PolicyTek reserves the right to suspend or terminate any account that transmits PHI through the Services.
16. GLBA and Insurance Data Handling
The Services may be used to process Nonpublic Personal Information as defined by the Gramm-Leach-Bliley Act. Users that are “financial institutions” or “licensees” under GLBA or applicable state insurance data security laws are solely responsible for satisfying their own safeguards, breach-notification, and consumer-notice obligations. Sharing of such information through the Services occurs at the User’s direction.
17. Vendor Tax Reporting; Independent Contractor Status
Vendors are independent contractors with respect to PolicyTek, are not employees, agents, partners, or joint venturers of PolicyTek, and have no authority to bind PolicyTek. Vendors are responsible for their own taxes. PolicyTek will issue IRS Form 1099-NEC or other applicable information returns where payments meet IRS thresholds. Vendors must furnish a valid IRS Form W-9 (or W-8 series for non-U.S. payees) upon request. PolicyTek may withhold payouts pending receipt of valid tax forms and may apply backup withholding (currently 24%) and any state equivalent where required by law.
18. Data Security, Access Controls, and Security Incidents
PolicyTek implements commercially reasonable administrative, technical, and physical safeguards designed to protect information within its systems.
No method of transmission, storage, or authentication is completely secure. You acknowledge that incidents may occur due to compromised credentials, user error, malware, social engineering, device compromise, third-party vulnerabilities, carrier failures, or events beyond PolicyTek’s reasonable control.
To the maximum extent permitted by law, PolicyTek is not responsible for unauthorized access, security incidents, account takeovers, or data breaches caused by user actions, compromised credentials, Third-Party Services, or external events.
You are solely responsible for user provisioning, least-privilege access, credential rotation, export controls, endpoint security, lawful retention, backup strategy, and downstream breach-notification obligations applicable to your business.
19. Intellectual Property and Proprietary Technology
All software, source code, workflows, algorithms, methods, designs, interfaces, trademarks, documentation, models, databases, screen displays, and platform features are and remain the exclusive property of PolicyTek or its licensors and are protected by intellectual property laws.
Subject to compliance with this document, PolicyTek grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Services for internal business purposes.
You may not copy, modify, distribute, resell, reverse engineer, scrape, benchmark for publication, create derivative works from, or exploit the Services except as expressly permitted in writing.
20. Acceptable Use and Prohibited Conduct
You agree not to:
- violate applicable law or regulation;
- misrepresent licensing, authority, source, or consent;
- scrape or reverse engineer the Services;
- upload malicious code;
- interfere with the Services;
- abuse payment or dispute systems;
- circumvent risk controls;
- submit fraudulent refund requests;
- use the Services for unlawful advertising or communications;
- infringe intellectual property, publicity, or privacy rights; or
- assist any third party in doing the same.
PolicyTek may investigate suspected violations and cooperate with law enforcement, regulators, card networks, processors, carriers, vendors, and other counterparties.
21. Suspension, Restriction, Reserve, and Termination Rights
PolicyTek may suspend, restrict, place reserves on, throttle, delay, disable, or terminate access to the Services, features, transactions, balances, payouts, integrations, or accounts at any time, with or without notice, for any reason or no stated reason, to the maximum extent permitted by law.
Grounds may include suspected fraud, elevated dispute rates, abuse, excessive refunds, policy violations, legal risk, processor or carrier directives, licensing concerns, security concerns, chargeback activity, third-party complaints, or failure to pay amounts owed.
Upon suspension or termination, access may cease immediately, data may become unavailable or be deleted, unpaid amounts remain due, and earned fees may be retained or offset.
22. Disclaimers
THE SERVICES, LEADS, CALLS, DATA, REPORTS, CALCULATIONS, AI OUTPUTS, INTEGRATIONS, AND ALL RELATED CONTENT OR FUNCTIONALITY ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
TO THE MAXIMUM EXTENT PERMITTED BY LAW, POLICYTEK DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, SYSTEM INTEGRATION, UPTIME, RESULTS, OR ERROR-FREE OPERATION.
AI-GENERATED OUTPUTS, INCLUDING TRANSCRIPTIONS, SUMMARIES, SUGGESTED RESPONSES, AND LEAD SCORES, MAY BE INCOMPLETE OR INACCURATE AND ARE PROVIDED FOR YOUR REVIEW. YOU ARE RESPONSIBLE FOR ANY USE OR RELIANCE ON THEM.
23. Limitation of Liability
23.1 Exclusion of Indirect Damages
To the maximum extent permitted by law, PolicyTek shall not be liable for any indirect, incidental, consequential, special, exemplary, punitive, or enhanced damages, including lost profits, lost revenue, lost business opportunity, lost data, goodwill loss, business interruption, or procurement of substitute services, even if advised of the possibility.
23.2 Cap on Direct Damages
Subject to Section 23.3 and to the maximum extent permitted by law, PolicyTek’s total cumulative liability arising out of or related to the Services or this document shall not exceed:
- Enhanced cap for security incidents. For claims arising from a security incident or data breach affecting your data within systems controlled by PolicyTek, two (2) times the amount paid by you to PolicyTek in the twelve (12) months preceding the event giving rise to the claim.
- General cap. For all other claims, the greater of (a) the amount paid by you to PolicyTek in the twelve (12) months preceding the event giving rise to the claim or (b) five hundred dollars ($500).
23.3 Carve-Outs
The limitations in Sections 23.1 and 23.2 do not apply to: (a) your payment obligations to PolicyTek; (b) your indemnification obligations under Section 24; (c) your breach of Section 19 (Intellectual Property) or Section 20 (Acceptable Use); (d) your misuse of PolicyTek confidential information; (e) PolicyTek’s right to seek injunctive or equitable relief; or (f) liability that, under applicable law, may not be limited (including for gross negligence, willful misconduct, fraud, or, where applicable, bodily injury or death).
23.4 Application
The limitations in this Section 23 apply regardless of the form of action and regardless of any failure of essential purpose, and they apply in the aggregate to PolicyTek and its affiliates and service providers to the maximum extent permitted by law. Multiple claims do not enlarge the cap.
23.5 Basis of the Bargain
You acknowledge that the fees for the Services reflect the allocation of risk set forth in this document, that the foregoing limitations are an essential basis of the bargain between you and PolicyTek, and that PolicyTek would not provide the Services without them.
24. Indemnification
You agree to defend, indemnify, and hold harmless PolicyTek and its affiliates, owners, officers, directors, employees, contractors, agents, licensors, processors, and service providers from and against any claims, demands, investigations, actions, proceedings, damages, losses, liabilities, judgments, fines, penalties, settlements, costs, and expenses, including reasonable attorneys’ fees, arising from or related to:
- your use of the Services;
- your User Content;
- your marketing, calling, SMS, email, lead usage, or insurance solicitation activities, including any claim under federal or state telemarketing, communications, privacy, recording-consent, or consumer-protection laws;
- your compliance failures;
- your advertising or lead-generation practices;
- buyer-vendor disputes;
- payment disputes and chargebacks;
- actions of agency users or subaccounts;
- infringement claims; or
- your breach of this document.
25. Dispute Resolution, Arbitration, and Class Waiver
25.1 Binding Arbitration
Any dispute, claim, or controversy arising out of or relating to this document or the Services shall be resolved by binding arbitration on an individual basis administered by JAMS (or, if JAMS is unavailable, by the American Arbitration Association) under its then-current rules, except to the extent a claim may be brought in small claims court or injunctive relief is sought for misuse of intellectual property or confidential information. The arbitration shall be seated in Los Angeles County, California, and conducted in English. Judgment on the award may be entered in any court of competent jurisdiction.
25.2 Class, Collective, and Representative Waiver
You waive the right to a jury trial and the right to participate in class, collective, coordinated, consolidated, private attorney general, or representative actions to the maximum extent permitted by law.
25.3 Public Injunctive Relief (California)
If a court of competent jurisdiction determines that applicable law (including the rule of McGill v. Citibank, N.A., 2 Cal. 5th 945 (2017)) prohibits enforcement of the class waiver in Section 25.2 as it applies to claims for public injunctive relief, those claims (and only those claims) shall be severed from arbitration and may be brought in a court of competent jurisdiction. The remainder of Section 25 shall remain in full force.
25.4 Mass and Coordinated Arbitration
If twenty-five (25) or more demands for arbitration of similar disputes are filed by or coordinated through the same counsel or coordinated firms within a ninety (90)-day period, the parties agree that those demands shall be subject to JAMS Mass Arbitration Procedures (or AAA’s Supplementary Rules for Multiple Case Filings), including bellwether selection and staged resolution, and to a reasonable extension of any otherwise applicable filing deadlines.
25.5 30-Day Opt-Out
You may opt out of Section 25.1 and 25.2 by sending written notice to legal@policytek.com within thirty (30) days of first accepting these Terms, stating your name, account email, and an unambiguous intent to opt out. Opting out does not affect any other provision of this document.
25.6 Collections Carve-Out
Nothing in this Section 25 prevents PolicyTek from pursuing collections, obtaining provisional remedies, or enforcing arbitration obligations in any court of competent jurisdiction.
26. Governing Law and Venue
This document and all disputes relating to it or the Services are governed by the laws of the State of California, without regard to conflict-of-law principles, except where federal law requires otherwise. Subject to Section 25, the exclusive venue for any judicial proceedings shall be the state and federal courts located in Los Angeles County, California, and you consent to personal jurisdiction in those courts.
27. Modifications and Notice of Material Changes
PolicyTek may modify this document, related policies, pricing, marketplace rules, product features, or operational standards at any time. For non-material changes, posting the revised document with an updated “Last updated” date is sufficient notice. For material changes to arbitration, the class waiver, fee structures, or limitation of liability, PolicyTek will provide at least thirty (30) days’ advance notice by email to the address associated with your account or by in-product notice, and continued use after the effective date constitutes acceptance.
28. Force Majeure
Neither party shall be liable for any failure or delay in performance (other than payment obligations) caused by events beyond its reasonable control, including acts of God, fire, flood, earthquake, pandemic, war, civil unrest, terrorism, government action, labor disturbance, internet or carrier outages, DDoS or similar attacks, third-party platform or AI-provider downtime, or supply-chain disruption.
29. Miscellaneous
29.1 Assignment
You may not assign or transfer this document or any rights or obligations under it without PolicyTek’s prior written consent. PolicyTek may assign this document, in whole or in part, in connection with a merger, acquisition, financing, reorganization, or sale of assets, or otherwise in its discretion. Any non-permitted assignment is void.
29.2 Notices
Notices to PolicyTek must be sent to legal@policytek.com. Notices to you may be sent to the email address associated with your account or posted within the Services, and shall be deemed received when sent.
29.3 No Third-Party Beneficiaries
Except as expressly stated, this document does not confer any rights on any third party, and buyers and vendors are not third-party beneficiaries of one another’s agreements with PolicyTek.
29.4 Entire Agreement; Order of Precedence
This document, together with any order form, statement of work, data processing addendum, and incorporated policies, constitutes the entire agreement between the parties regarding the Services and supersedes all prior agreements on that subject. In the event of conflict, the order of precedence is: (a) signed order form or statement of work, (b) this document, (c) data processing addendum, (d) the Privacy Policy, and (e) any other incorporated policy.
29.5 Severability; No Waiver; Headings
If any provision is held invalid or unenforceable, the remaining provisions remain in full force and effect. No waiver of any breach shall be deemed a waiver of any other or subsequent breach. Headings are for convenience only and do not affect interpretation.
29.6 Survival
Provisions relating to payment obligations, chargebacks, collections, offsets, evidence preservation, disclaimers, limitations of liability, indemnification, arbitration, governing law, intellectual property, data rights, and any provision that by its nature should survive shall survive termination.
29.7 Export Controls and Sanctions
You represent that you are not located in, or a national or resident of, any country or region subject to U.S. embargo or comprehensive sanctions, and that you are not listed on any U.S. government list of prohibited or restricted parties (including the OFAC Specially Designated Nationals List). You will comply with all applicable U.S. export-control laws (including the Export Administration Regulations).
29.8 U.S. Government End-Users
The Services are “commercial computer software” and “commercial computer software documentation” as those terms are used in FAR 12.212 and DFARS 227.7202. Any use, modification, reproduction, release, performance, display, or disclosure by the U.S. Government is governed solely by the terms of this document.
30. Contact
PolicyTek, LLC
General: contact@policytek.com
Legal: legal@policytek.com