Effective Date: March 1, 2019
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY CLICKING “ACCEPTED AND AGREED,” YOU, AS THE “USER,” AGREE TO THESE TERMS OF SERVICE AND THE PRIVACY AND DATA SECURITY POLICY.
- “Company Account” means the contract between FormFire and a company that has authorized Your User Account.
- “Privacy and Data Security Policy” refers to FormFire LLC’s standard data protection and deletion policy, attached hereto, as may be updated or amended from time to time. The Privacy and Data Security Policy is hereby incorporated into and made a part of this Agreement.
- “Employee Data” means information with regard to an individual applicant for insurance or other product that may be bid or sold through the Service, and that contains personal, individually identifying information.
- “Employer Data” means information with regard to employers seeking insurance or other product that may be bid or sold through the Service.
- “Service” refers to the FormFire application or other web-based service provided by FormFire LLC to User.
- “Service Materials” refers to the content produced or maintained by or through the Service.
- “User Account Data” means your information associated with your User Account.
- User Account
- Account Description. FormFire authorizes Your access to the Service through a User Account. If Your User Account is associated with a Company Account, it may be subject to additional terms and conditions set forth in the Company Account.
- Authorization. You authorize FormFire to collect, maintain, transmit, and otherwise use data uploaded under your User Account in accordance with these Terms and the Privacy and Data Security Policy.
- Termination. You may terminate or cancel your User Account at any time. FormFire may also suspend or terminate your User Account at any time, upon any violation of the terms of this Agreement, including the failure by you or your company to make the payments associated with your User Account. Upon full or partial termination or suspension of User’s Account, FormFire LLC may revoke or restrict User’s access to the Services, suspend transmission of data to or from User, in addition to any other legal or technical remedy available to FormFire LLC, without or without prior notice to User.
- Services; Support
- FormFire provides Users a convenient on-line space to upload, compile, and manage Employee Data and Service Materials for the purpose of soliciting and quoting insurance products.
- FormFire LLC provides User support directly to Users and through applicable Company Accounts. For User support questions, e-mail email@example.com.
- Acceptable Use
- User is responsible for (a) complying with this Agreement, (b) the accuracy, quality, integrity and legality of User Data, (c) using the Services only in accordance with applicable laws and government regulations, and (d) promptly reporting any unauthorized use of the Service.
- User shall not (a) sell, resell, rent or lease access to the Services to third parties, (b) use the Services to store or transmit information in violation of applicable law or third-party privacy rights, (c) interfere with or disrupt the integrity or performance of the Services or Service Materials contained therein, or (d) attempt to gain unauthorized access to the Services or FormFire LLC’s systems or networks.
- You warrant and represent that you are fully and duly authorized to submit the Employee Data and Employer Data You input to the Service. If you are inputting third-party data, You agree to provide written evidence of all authorizations upon request by FormFire LLC. You acknowledge that FormFire is not responsible for the accuracy or completeness of any Employee Data or Employer Data, and You agree to indemnify and defend FormFire LLC from any claim, liability, loss, or damages arising from any claim arising in connection with any error or misuse associated with the Employee Data or Employer Data.
- Service Materials, Software, & IP
- Service Materials. User recognizes and agrees that: (i) the Service Materials are the property of FormFire LLC; and (ii) User does not acquire any right, title, or interest in or to the Service Materials (other than User Account Data) except the limited and temporary right to use them in the context of the Service.
- IP in General. FormFire LLC retains all right, title, and interest in and to the Service, including without limitation all underlying software used to provide the Service and all logos and trademarks reproduced through the Service, and this Agreement does not grant User any intellectual property rights in or to the Service or any of its components.
- Warranty; Indemnification
- THE SERVICE IS PROVIDED “AS IS” AND AS AVAILABLE, AND FORMFIRE LLC HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE.
- FormFire shall endeavor to provide the Services for 22 hours per day, but FormFire LLC does not warrant that the Service will perform without error, downtime, or interruption. FormFire may schedule planned system outage/maintenance periods, which will generally not exceed two hours in duration without notice to Users.
- You agree to defend FormFire LLC against any claim made or brought against FormFire LLC by a third party alleging that data You input into the Service or Your use of the Services in violation of this Agreement infringes or misappropriates the intellectual property rights of a third party, or violates applicable law; and You further agree to indemnify FormFire LLC for any liability or loss arising such claim, including reasonable attorney’s fees.
- Limitation of Liability In no event will FormFire LLC’s liability arising out of or related to this Agreement exceed the fees actually paid by You to FormFire LLC during the billing period giving rise to such liability. Except for Your indemnification obligations set forth herein, neither party will be liable for any consequential, special, incidental, or punitive damages. The liabilities limited by this section 7 apply regardless of the form of action, whether in contract, tort, strict product liability, or otherwise; and apply even if the parties have been advised in advance of the possibility of the damages in question, and even if such damages were foreseeable. If this limitation of liability conflicts in any way with applicable law, FormFire LLC’s liability will be limited to the full extent permitted by applicable law.
- Amendment. FormFire LLC may amend this Agreement (including any online policy referenced herein, including the Privacy and Data Security Policy) from time to time. User will receive the amended terms at User’s next login, and may be required to read and accept the amended terms before accessing to the Services.
- Independent Contractors. Nothing in this Agreement shall be construed to create a partnership or any agency or employee relationship between the User and FormFire LLC. Neither party is the employee or agent of the other and neither may bind the other in any way.
- No Assignment. Your Account is personal to You, and you may not assign your User Account or any of your rights or obligations hereunder.
- Choice of Law & Jurisdiction. This Agreement will be governed solely by the internal laws of the State of Ohio, without reference to Ohio’s principles of conflicts of law. The parties consent to the personal and exclusive jurisdiction of the federal and state courts seated in Cleveland, Ohio.
- Severability. To the extent permitted by applicable law, the parties hereby waive any provision of law that would render any clause of this Agreement invalid or otherwise unenforceable in any respect. In the event that a provision of this Agreement is held to be invalid or otherwise unenforceable, such provision will be interpreted to fulfill its intended purpose to the maximum extent permitted by applicable law, and the remaining provisions of this Agreement will continue in full force and effect.
- Conflicts among Attachments. In the event of any conflict between the terms of this main body of this Agreement and those of the Privacy and Data Security Policy, the terms of this main body will govern.
- Binding Intent. By accepting the terms of this Agreement and accessing the Service, you agree to be bound by the terms of this Agreement, on behalf of yourself, any associated company, and any successor in interest.
Privacy and Data Security Policy.
FormFire LLC has developed this Privacy and Data Security Policy to detail its practices, protocols, and expectations with regard to data associated with User Accounts, Employer Data, and Employee Data.
- Types of Data. In the course of providing the Service, FormFire may receive or collect the following data:
- Personally identifiable information (PII) which can be used alone or with other information to personally identify You, employees, or other individuals, including Employee Data
- Information that is not personally identifiable information, such as ZIP Code and other account information.
- Technical information such as software information and metadata, may be collected through the use of data collection technology, including third-party vendors and the use of “cookies.” A cookie is a string of data that identifies the User’s computer, and cookies provide data regarding the User’s usage of the Services. FormFire LLC uses such information to facilitate provision of the Services and to compile statistical information about use of our Service.
- Usage. FormFire will use Employee Data, Employer Data, and Your User Account data in the course of providing the core function of the Service, which is to receive, compile, and transmit Employee Data for the purpose of acquiring quotes for group health insurance and other insurance-related services. FormFire may also use aggregated data from the Services in the course of monitoring, improving, and updating the Services, and in the course of developing, marketing, or promoting the Service or other FormFire products. Aggregated data does not contain any PII and will not be used to identify you or market to you personally.
- Technical & Physical Security. FormFire LLC is certified as compliant with the HITRUST Common Security Framework, an overarching security framework that incorporates and leverages the existing security requirements placed upon healthcare organizations, including federal (e.g., HIPAA and HITECH), state, third party (e.g., PCI and CobiT), and other government agencies (e.g., NIST, FTC, and CMS). The HITRUST CSF is already being widely adopted by leading healthcare payers, providers, and state exchanges as their security framework. Unfortunately, even with these high standards, FormFire LLC cannot guarantee the security of PII. By using the Service, User acknowledges and agrees that FormFire LLC make no such guarantee.
- Retention & Deletion. FormFire LLC retains User Account data and Employee Data in the normal course of operations. FormFire LLC will Erase (as defined below) a User’s Account Information upon written request by the User, and will Erase any Employee Data upon written request from the Employee. FormFire LLC reserves the right to delete User Account Information after a period of 2 years of User Account inactivity. Notwithstanding the foregoing, Users may at any time instruct FormFire LLC to retain and not to Erase particular data. User may request FormFire LLC certify Erasure in writing to User, by providing notice to FormFire LLC no later than 180 days after the termination of this Agreement. “Erase” and “Erasure” refer to the destruction of data so that no copy of the data remains or can be accessed or restored in any way. Erasure requests will not apply to any Aggregate Data.User acknowledges and agrees that FormFire LLC may use non-identifiable anonymous data that is taken from User Data and combine it with other anonymous data to create what is referred to as “Aggregate Data,” which FormFire LLC shall own and may disclose to third parties. Aggregate Data is information or analytics data that may indicate business trends, usage patterns and/or demographics of Users as a group, but in no case shall Aggregate Data identify particular Users or subscribers. Aggregate Data will be used to determine such things as efficiency of the Services, User demographics, and usage patterns for our services. FormFire LLC may use Aggregate Data to analyze, modify, and improve the Services; and to develop, market, and promote other programs, products and services.
- Updates & Amendments. FormFire LLC may change this Privacy and Data Security Policy at any time by posting a new version on this page or on a successor page. The new version will become effective on the date it is posted, which will be listed at the top of the page as the new Effective Date.