Terms of Service

Agreement, Contracting Parties, and Authority

These Terms of Service form a binding agreement between 405 Studio LLC d/b/a Caseharbor (“Caseharbor,” “we,” “us,” or “our”) and the insurance agency, service organization, or other business accepting them (“Agency”). By creating a workspace, starting a trial, accessing the Services, or purchasing a subscription, the person accepting these Terms confirms that they have read and understood them and have authority to bind the Agency. If that person does not agree or lacks that authority, the Agency may not use the Services.

Definitions

“Authorized User” means an Agency employee, contractor, agent, underwriter, administrator, or other person whom the Agency authorizes to use a purchased or included account. “Agency Data” means information, records, documents, images, communications, instructions, and other content submitted to or processed through the Services for the Agency, excluding Deidentified Data. “Documentation” means Caseharbor materials made available to explain use of the Services. “Services” means the Caseharbor software, subscribed modules, workflows, and related support made available under these Terms. “Third-Party Services” means products, networks, software, and services operated by providers other than Caseharbor. “Deidentified Data” means information derived from use of the Services that has been aggregated or deidentified so that it does not reasonably identify the Agency, an Authorized User, or an individual customer.

Caseharbor Platform and Role

Caseharbor is an operational software workspace for insurance agencies. It supports underwriting follow-up, tasks, pipeline activity, cancellations, renewals, opportunities, documents, electronic-signature workflows, CaseCapture, customer context, activity history, and message delivery. Caseharbor is not an insurance carrier, producer, claims administrator, law firm, or system of record for an Agency’s legal retention obligations. Caseharbor does not make coverage, underwriting, binding, cancellation, claim, regulatory, or legal decisions for the Agency.

Access, Authorized Users, and Seats

Subject to payment of applicable fees and compliance with these Terms, Caseharbor grants the Agency a limited, non-exclusive, non-sublicensable, non-transferable right during its trial or paid subscription to permit its Authorized Users to access the subscribed Services for the Agency’s internal business operations. Access is limited to the modules, usage, and number of operational seats included in or purchased for the selected plan. User accounts are individual and may not be shared. The Agency Admin controls roles, permissions, assignments, activation, and deactivation within the workspace. Deactivating a user does not erase audit history, prior actions, or records that Caseharbor must preserve for operational integrity.

Use Restrictions and Account Security

The Agency and its Authorized Users must use the Services only for lawful Agency operations. They must not copy, sell, resell, rent, sublicense, publish, or commercially make the Services or Documentation available to another organization; reverse engineer, decompile, disassemble, or attempt to derive source code or non-public components; create derivative products from the Services; remove proprietary notices; scrape or access the Services through unauthorized automated means; conduct penetration testing or security testing without written authorization; bypass usage, permission, or access controls; introduce malicious code; interfere with service operation; use another customer’s account or data; or use the Services in a way that violates law or third-party rights. The Agency is responsible for accurate account information, credential security, timely removal of access, and all acts and omissions of its Authorized Users.

Agency Responsibilities

The Agency is responsible for its users, instructions, customer records, policy data, uploaded materials, communications, decisions, and use of the Services. The Agency must independently verify deadlines, policy status, carrier requirements, documents, messages, recipients, and work generated or scheduled through Caseharbor. The Agency is responsible for compliance with insurance, licensing, privacy, data-security, marketing, telecommunications, recordkeeping, consent, and other requirements applicable to its business. Before entering information, uploading materials, or initiating communications, the Agency must have a lawful basis and all necessary authority, notices, and consents.

Trials

A free trial does not require a payment method and does not automatically become a paid subscription. Trial access ends on the date shown in Caseharbor unless the Agency separately completes paid checkout. Caseharbor may limit trial functionality, communication volume, seats, or access and may suspend an expired trial while preserving the workspace for a reasonable period. Trial data may be deleted if the Agency does not subscribe or request an available export within the period communicated by Caseharbor.

Subscriptions and Automatic Renewal

Fees, Usage, and Taxes

Subscription fees are charged through Caseharbor’s payment processor in US dollars without offset or deduction. Additional communication usage may be billed separately when Caseharbor provides or manages Agency sending channels. Additional seats and telephone, SMS, email, signature, storage, provider, or other usage may also be charged when disclosed for the selected plan or Agency configuration. The Agency is responsible for valid billing information and applicable sales, use, and similar taxes, excluding taxes based on Caseharbor’s income. Caseharbor does not store complete payment-card numbers. Failure to pay amounts when due may result in restricted or suspended access until the account is brought current.

Cancellation and Refunds

The first 60 days after paid checkout are a minimum commitment period, and a cancellation may not be scheduled during that period. After the minimum commitment is satisfied, an Agency with a monthly subscription may stop future renewals through Caseharbor Billing or Support. Monthly cancellation takes effect at the end of the then-current paid monthly billing period, does not create a refund for that period, and may be reversed from Billing before the subscription ends.

After the minimum commitment is satisfied, an Agency with an annual subscription may request either nonrenewal at the end of the current annual term or early cancellation by contacting Caseharbor Support at support@thecaseharbor.com. A nonrenewal request ends access at the annual renewal date and does not create a refund. For early cancellation, Caseharbor will calculate any refund by repricing every started monthly service period at the monthly price for the subscribed plan and at the monthly additional-seat price for each additional seat active during that period. Each started month counts as a full month. The resulting used amount is subtracted from annual subscription and seat fees actually paid for the current annual term. The refund cannot be less than $0 or exceed the annual fees actually paid. Taxes, communication usage, third-party charges, past-due amounts, and other accrued charges are not included unless required by law or confirmed by Caseharbor in writing. Cancellation does not eliminate amounts already due.

Third-Party Services

Payment, email, SMS, telephone, hosting, storage, and electronic-signature functions may depend on Third-Party Services and their availability, security, delivery decisions, and terms. Third-Party Services are governed by their own agreements, and Caseharbor is not responsible for their acts, omissions, outages, filtering, rejection, pricing, or changes. Caseharbor’s E-Sign feature connects to a supported provider account owned and maintained by the Agency; it is not a standalone electronic-signature service. Third-party subscriptions, credentials, usage fees, and provider terms remain the Agency’s responsibility unless expressly included in writing. Current supported providers are identified within Caseharbor or its Documentation and may change.

Service Changes and Suspension

Caseharbor may improve, modify, replace, or discontinue features and may change prices prospectively with notice appropriate to the change. Caseharbor may temporarily restrict or suspend access for nonpayment, a security threat or attack, suspected fraud or unlawful activity, material breach, abuse, risk to the Services or another customer, legal prohibition, or suspension of a Third-Party Service required to operate the affected feature. When reasonably practicable, Caseharbor will notify the Agency of a suspension and use commercially reasonable efforts to restore access after the cause is resolved.

Agency Data

As between the Parties, the Agency retains its rights in Agency Data. The Agency grants Caseharbor and its service providers a non-exclusive, worldwide, royalty-free right during the applicable retention period to host, copy, process, transmit, display, secure, back up, and otherwise use Agency Data only as reasonably necessary to provide, support, secure, and improve the subscribed Services, follow Agency instructions, enforce these Terms, and comply with law. The Agency represents that it has sufficient rights and authority to provide Agency Data for those purposes.

Deidentified Data

Caseharbor may create, use, and disclose Deidentified Data to operate, secure, analyze, benchmark, and improve the Services and to understand product performance. Caseharbor will not present Deidentified Data as identifying the Agency or an individual customer and will not attempt to reidentify it. Deidentified Data does not include Agency Data in identifiable form.

Confidentiality

Each Party may receive non-public business, technical, financial, customer, security, product, pricing, or other information that a reasonable person would understand to be confidential (“Confidential Information”). Confidential Information excludes information that the receiving Party can demonstrate was lawfully known without restriction, becomes public without breach, is received lawfully from another source without confidentiality duty, or is independently developed without use of the other Party’s Confidential Information. The receiving Party will use Confidential Information only to perform or exercise rights under these Terms, protect it using at least reasonable care, and disclose it only to personnel, professional advisers, contractors, and service providers who need to know it and are bound by confidentiality obligations. A Party may disclose information when legally required if, where permitted, it gives prompt notice and reasonable assistance. These duties continue for five years after disclosure; trade-secret duties continue while the information remains a trade secret. Backup, audit, billing, security, and legally required records may be retained subject to continuing confidentiality protections.

Security and Incidents

Caseharbor will maintain commercially reasonable administrative, technical, and organizational safeguards appropriate to the nature of the Services and Agency Data. No system can guarantee absolute security. The Agency is responsible for the security of its devices, networks, provider accounts, exports, credentials, user access, and any data stored outside Caseharbor. The Agency must promptly notify Caseharbor of suspected unauthorized access to its workspace. Caseharbor will notify affected Agencies of a confirmed security incident involving their Agency Data as required by applicable law and will reasonably cooperate with legally required response efforts.

Caseharbor Intellectual Property and Feedback

Caseharbor and its licensors retain all rights in the Services, software, branding, interfaces, Documentation, workflows, designs, technology, and related intellectual property. Except for the limited access right expressly granted above, no rights are transferred to the Agency. If the Agency or an Authorized User provides suggestions or feedback, the Agency grants Caseharbor a perpetual, irrevocable, worldwide, royalty-free, transferable, sublicensable license to use that feedback without restriction or compensation, provided that Caseharbor does not publicly identify the source without permission.

Termination, Data Access, and Survival

Either Party may terminate for a material breach that is not cured within a reasonable period after notice, when cure is possible. Caseharbor may terminate immediately for unlawful activity, fraud, a serious security threat, or conduct that could materially harm the Services or another person. When a trial or subscription ends, the Agency’s access ends except for any limited billing, export, or account access Caseharbor makes available. The Agency is responsible for exporting records it is legally required to retain before access ends. Subject to law, backup cycles, legitimate security and business needs, and the Privacy Policy, Caseharbor may delete Agency Data after a reasonable post-termination period and is not required to preserve a workspace indefinitely. Caseharbor may retain billing, legal-acceptance, consent, opt-out, audit, fraud-prevention, and security records as reasonably necessary. Accrued payment obligations and provisions concerning ownership, confidentiality, disclaimers, liability, indemnification, disputes, and provisions intended by their nature to survive will continue after termination.

Service Disclaimer

To the maximum extent permitted by law, the Services and Documentation are provided “as is” and “as available,” and Caseharbor disclaims express, implied, and statutory warranties, including merchantability, fitness for a particular purpose, title, and non-infringement. Caseharbor does not warrant uninterrupted, error-free, or completely secure operation; compatibility with every system or provider; delivery by communication providers; acceptance of documents or images by carriers; or any particular insurance, underwriting, regulatory, revenue, retention, or customer outcome.

Limitation of Liability

To the maximum extent permitted by law, Caseharbor and its affiliates, owners, employees, licensors, and service providers will not be liable under any theory of liability for indirect, incidental, special, consequential, exemplary, enhanced, or punitive damages; lost profits, revenue, goodwill, production, or business; loss, interruption, delay, corruption, or recovery of data; loss of coverage; business interruption; or the cost of replacement services, even if advised that such losses were possible. Their aggregate liability arising out of or relating to the Services or these Terms will not exceed the greater of the fees actually paid for Caseharbor during the six months preceding the event giving rise to the claim or US $100. These limitations apply to the maximum extent permitted by law and do not apply where applicable law prohibits them.

Agency Indemnification

To the extent permitted by law, the Agency will defend, indemnify, and hold harmless Caseharbor and its affiliates, owners, employees, licensors, and service providers from third-party claims, investigations, penalties, losses, liabilities, and reasonable expenses, including attorneys’ fees, arising from Agency Data; Agency instructions, communications, consent practices, insurance operations, or decisions; an Authorized User’s acts or omissions; unlawful or unauthorized use; violation of law or third-party rights; or breach of these Terms. Caseharbor will provide reasonably prompt notice, allow the Agency to control the defense with qualified counsel, and reasonably cooperate at the Agency’s expense. The Agency may not settle a claim in a way that admits fault by, imposes obligations on, or fails to fully release Caseharbor without Caseharbor’s written consent. Caseharbor may participate with counsel of its choice at its own expense.

SMS Program, Consent, and Charges

By providing a mobile number through an Agency relationship, customer request, web form, signed authorization, import workflow tied to an existing customer file, keyword opt-in, or other documented consent path, recipients may receive operational SMS messages from Caseharbor or an Agency using Caseharbor. Consent to receive SMS is not a condition of purchase. Message and data rates may apply.

SMS Opt-Out, Help, and Privacy

• Reply STOP, END, CANCEL, UNSUBSCRIBE, QUIT, REVOKE, or OPT OUT to opt out of SMS messages.
• Reply START to opt back in after opting out.
• Reply HELP for help, or contact support@thecaseharbor.com.
• Wireless carriers are not liable for delayed or undelivered messages.

Mobile opt-in information, mobile phone numbers, and SMS consent data are not sold, rented, disclosed, transferred, or shared with third parties or affiliates for their promotional or marketing purposes. See the Privacy Policy and SMS Disclosures.

Governing Law and Courts

These Terms and any dispute arising from them or the Services are governed by the laws of the State of Florida, without regard to conflict-of-law rules. The Parties consent to exclusive jurisdiction and venue in the state courts located in Broward County, Florida, or, when federal jurisdiction exists, the United States District Court for the Southern District of Florida. Nothing in this section prevents either Party from seeking temporary or equitable relief to protect confidential information, security, data, or intellectual-property rights.

General Terms

These Terms, the checkout or order details accepted by the Agency, the Privacy Policy, the SMS Disclosures, and any written addendum signed by both Parties constitute the entire agreement concerning the Services and supersede prior discussions on that subject. Checkout or order details control only for the selected plan, price, billing cycle, seats, and expressly stated commercial terms; these Terms control otherwise. Notices may be delivered to the email address associated with the Agency account, through the Services, or to Caseharbor at support@thecaseharbor.com. The Agency may not assign these Terms without Caseharbor’s prior written consent. Caseharbor may assign them to an affiliate or in connection with a merger, financing, reorganization, or sale of all or substantially all relevant assets. Neither Party is liable for delay caused by events beyond reasonable control, except payment obligations. If any provision is unenforceable, the remaining provisions remain effective and the invalid provision will be enforced to the maximum lawful extent. Failure to enforce a provision is not a waiver. The Parties are independent contractors, and these Terms create no partnership, agency, fiduciary relationship, or third-party beneficiary. The Agency must comply with applicable US export-control and sanctions laws.

Changes to These Terms

Caseharbor may update these Terms as the Services or operational, legal, carrier, security, or compliance requirements evolve. The updated version will be posted with a revised effective date. Material changes will apply prospectively after notice appropriate to the change. Continued use after the effective date constitutes acceptance where permitted by law, and Caseharbor may require a new affirmative acceptance. The Agency should retain a copy for its records.