Terms & Conditions

1. AgencyScope Services

AgencyScope provides a software platform designed to help insurance agencies track, organize, analyze, and display information relating to agency operations, including sales production, activities, goals, expectations, compensation, commissions, bonuses, incentives, renewals, opportunities, performance metrics, and related information.

AgencyScope is a management and analytics tool. AgencyScope is not an insurance carrier system, payroll provider, accounting system, human resources provider, legal advisor, or authoritative system of record.

Customer remains responsible for its business operations and all decisions made using information displayed or calculated through AgencyScope.

2. Customer Accounts and Authorized Users

Customer may authorize employees, contractors, managers, or other individuals to access AgencyScope ("Authorized Users") subject to the limits of Customer's subscription.

Customer is responsible for:

• determining who may access its AgencyScope account;
• assigning appropriate permissions and roles;
• maintaining accurate user information;
• protecting account credentials;
• promptly removing access for individuals who should no longer have access; and
• all activity occurring through Customer's account and Authorized Users.

Customer must promptly notify AgencyScope of any known or suspected unauthorized access.

3. Customer Data

As between Customer and AgencyScope, Customer retains ownership of data submitted to AgencyScope by Customer or its Authorized Users ("Customer Data").

Customer grants AgencyScope a limited right to host, process, transmit, display, analyze, and otherwise use Customer Data as reasonably necessary to provide, maintain, secure, support, and improve the Services.

Customer represents that it has all rights, permissions, notices, and lawful bases necessary to provide Customer Data to AgencyScope and permit its processing in accordance with this Agreement.

AgencyScope does not acquire ownership of Customer Data merely because it is stored or processed through the Services.

4. Employee and Team Member Information

AgencyScope may allow Customer to track information concerning employees, contractors, producers, agents, managers, and other team members, including performance, production, compensation, activities, goals, expectations, rankings, and related metrics.

Customer is solely responsible for determining whether and how such features are used.

Customer is responsible for providing any notices, obtaining any consents, and complying with any employment, privacy, compensation, monitoring, or other laws applicable to Customer's use of these features.

AgencyScope does not make employment, compensation, disciplinary, promotion, termination, or other personnel decisions on Customer's behalf.

5. Compensation, Commission, and Bonus Calculations

AgencyScope may calculate, estimate, track, forecast, or display commissions, bonuses, incentives, compensation, production tiers, and other financial information based on information and rules configured by Customer.

These calculations are provided for informational and administrative purposes only.

AgencyScope is not a payroll service, payroll processor, accounting service, or authoritative compensation system.

Customer is solely responsible for:

• configuring compensation plans and rules correctly;
• verifying all underlying production and compensation data;
• reviewing calculations for accuracy;
• determining compensation legally owed to employees or other individuals; and
• approving all payments before they are issued.

Customer should independently verify AgencyScope calculations before relying on them for payroll, commissions, bonuses, or other compensation.

AgencyScope is not responsible for overpayments, underpayments, missed payments, payroll errors, compensation disputes, or other losses resulting from incorrect data, configurations, calculations, or Customer reliance on information displayed through the Services.

6. Customer Configuration and Data Accuracy

AgencyScope relies on information entered, imported, synchronized, or configured by Customer and its Authorized Users.

Customer is responsible for the accuracy and completeness of that information.

AgencyScope does not guarantee that information entered or imported into the platform is accurate, complete, or current.

Reports, forecasts, recommendations, scores, calculations, dashboards, alerts, and other outputs may be affected by incomplete, inaccurate, delayed, or improperly configured information.

7. Performance Metrics and Analytics

AgencyScope may provide rankings, leaderboards, performance scores, forecasts, goals, expectations, comparisons, recommendations, alerts, or other analytics.

These features are intended to assist Customer's management and employees in understanding business performance.

They should not be considered independent evaluations of an individual's job performance or guarantees of future results.

Customer retains sole responsibility for decisions made based on these analytics.

8. Insurance and Regulatory Disclaimer

AgencyScope provides business management software and does not provide insurance, legal, tax, accounting, employment, payroll, or regulatory advice.

AgencyScope does not determine whether Customer or its Authorized Users comply with insurance carrier requirements, licensing requirements, compensation rules, employment laws, or other legal or regulatory obligations.

Customer is responsible for determining and maintaining compliance with all laws, regulations, carrier requirements, contracts, and internal policies applicable to its operations.

9. Acceptable Use

Customer and its Authorized Users may not:

• use AgencyScope for unlawful purposes;
• attempt to gain unauthorized access to the Services or another customer's data;
• interfere with the security or operation of the Services;
• reverse engineer or attempt to derive AgencyScope source code except where expressly permitted by law;
• copy, resell, sublicense, or commercially exploit the Services except as expressly authorized;
• introduce malicious code or harmful materials; or
• use AgencyScope in a manner that infringes the rights of another person or organization.

AgencyScope may suspend access when reasonably necessary to protect the Services, Customer Data, other customers, or third parties.

10. Subscription, Billing, and Renewal

Customer agrees to pay the fees associated with its selected AgencyScope subscription.

Unless otherwise stated at purchase, subscriptions automatically renew for successive periods of the same duration until canceled.

Customer authorizes AgencyScope and its payment processor to charge the payment method associated with Customer's account for applicable subscription fees, taxes, and authorized charges.

Customer may cancel its subscription in accordance with the cancellation options made available through AgencyScope.

New customers may request a refund of subscription fees paid under AgencyScope's 60-day money-back guarantee by emailing support@agencyscope.com within 60 days of their first subscription payment. The guarantee applies once per agency, to its first subscription only. After a refund under the guarantee, Customer's account is canceled.

The one-time Implementation & Success Package fee is non-refundable because the setup work has already been performed. Except as provided in the 60-day money-back guarantee, where required by law, or where expressly stated otherwise, payments already made are non-refundable.

AgencyScope may modify pricing upon advance notice. Pricing changes will generally apply beginning with Customer's next renewal period unless otherwise stated.

11. Third-Party Services and Integrations

AgencyScope may integrate with or rely upon third-party services, APIs, hosting providers, communication providers, payment processors, insurance systems, or other external services.

AgencyScope is not responsible for the availability, accuracy, security, performance, or actions of third-party services outside AgencyScope's reasonable control.

Changes or outages affecting third-party services may temporarily limit certain AgencyScope functionality.

12. Security

AgencyScope will maintain reasonable administrative, technical, and organizational safeguards designed to protect Customer Data.

Customer acknowledges that no internet-based service can guarantee absolute security.

Customer is responsible for maintaining appropriate security practices within its own organization, including account permissions, passwords, authentication methods, devices, and Authorized User access.

13. Confidentiality

Each party may receive non-public information from the other that reasonably should be understood to be confidential.

Each party agrees to use reasonable measures to protect such information and use it only as necessary to perform obligations or exercise rights under this Agreement.

Confidentiality obligations do not apply to information that is publicly available through no breach of this Agreement, independently developed without use of confidential information, or lawfully obtained from another source.

14. AgencyScope Intellectual Property

AgencyScope and its licensors retain all rights, title, and interest in the Services, including software, source code, designs, interfaces, functionality, algorithms, methodologies, documentation, trademarks, branding, and related intellectual property.

Except for the limited right to use the Services during an active subscription, this Agreement does not transfer any AgencyScope intellectual property to Customer.

Customer may provide feedback or suggestions regarding the Services. AgencyScope may use such feedback without restriction or obligation.

15. Service Availability and Changes

AgencyScope may modify, improve, add, remove, or discontinue features of the Services from time to time.

AgencyScope does not guarantee uninterrupted or error-free availability.

We may temporarily suspend portions of the Services for maintenance, security, upgrades, emergencies, or circumstances outside our reasonable control.

16. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."

AGENCYSCOPE DISCLAIMS WARRANTIES NOT EXPRESSLY PROVIDED IN THIS AGREEMENT, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

AGENCYSCOPE DOES NOT WARRANT THAT THE SERVICES OR ANY CALCULATION, FORECAST, REPORT, ANALYSIS, OR OTHER OUTPUT WILL BE ERROR-FREE, COMPLETE, OR SUITABLE FOR ANY PARTICULAR BUSINESS, EMPLOYMENT, COMPENSATION, INSURANCE, OR FINANCIAL DECISION.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AGENCYSCOPE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST BUSINESS, LOSS OF GOODWILL, LOSS OF DATA, OR COMPENSATION OR PAYROLL LOSSES ARISING FROM OR RELATED TO THE SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AGENCYSCOPE'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO AGENCYSCOPE DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Some jurisdictions do not permit certain limitations of liability, in which case those limitations apply only to the extent permitted by applicable law.

18. Indemnification

Customer agrees to defend, indemnify, and hold harmless AgencyScope and its officers, directors, employees, affiliates, and agents from third-party claims, damages, liabilities, costs, and reasonable attorneys' fees arising from:

• Customer's unlawful use of the Services;
• Customer Data;
• Customer's violation of this Agreement;
• Customer's violation of applicable law or third-party rights; or
• employment, compensation, commission, bonus, or personnel decisions made by Customer using information from AgencyScope.

19. Termination

Customer may stop using AgencyScope and cancel its subscription in accordance with the applicable subscription terms.

AgencyScope may suspend or terminate Customer's access for material breach of this Agreement, nonpayment, unlawful activity, security risks, or misuse of the Services.

Upon termination, Customer's right to access the Services ends.

AgencyScope may retain or delete Customer Data in accordance with its then-current data retention policies, legal obligations, and applicable law.

Where available, Customer should export information it wishes to retain before termination.

20. Privacy

AgencyScope's collection and processing of personal information is described in the AgencyScope Privacy Policy.

The Privacy Policy is incorporated by reference into this Agreement.

Additional data protection terms may apply where required by law or agreed between AgencyScope and Customer.

21. Changes to This Agreement

AgencyScope may update this Agreement from time to time.

For material changes, AgencyScope will provide reasonable notice through the Services, by email, or through another reasonable method.

Where required by law or where changes materially alter Customer's rights or obligations, AgencyScope may require Customer to affirmatively accept the updated Agreement.

22. Governing Law and Disputes

This Agreement is governed by the laws of the State of Utah, without regard to conflict-of-law principles.

Any dispute arising from this Agreement will be resolved in the state or federal courts located in Weber County, Utah, and each party consents to the jurisdiction of those courts, unless the parties separately agree to another dispute resolution procedure.

23. General Terms

This Agreement, together with any applicable order form, Privacy Policy, data processing terms, and other documents expressly incorporated into it, constitutes the entire agreement between Customer and AgencyScope regarding the Services.

If any provision is found unenforceable, the remaining provisions will remain in effect.

Customer may not assign this Agreement without AgencyScope's prior written consent, except in connection with a merger, acquisition, or sale of substantially all of Customer's assets.

AgencyScope may assign this Agreement in connection with a merger, acquisition, corporate restructuring, or sale of its business or assets.

Failure to enforce a provision does not waive the right to enforce it later.

Electronic acceptance of this Agreement has the same effect as a physical signature to the extent permitted by applicable law.

Electronic Acceptance

By selecting "I Agree & Continue," the individual accepting this Agreement:

• confirms that they have read and agree to the AgencyScope Customer Agreement and Privacy Policy;
• represents that they have authority to enter into this Agreement on behalf of the Customer; and
• agrees that their electronic acceptance constitutes their signature.