Terms of Use

1. Your Acceptance

Welcome to CommissionPilot. This Terms of Use Agreement ("Agreement") is a legally binding agreement between you ("User", "you", or "your") and CommissionPilot ("CommissionPilot", "we", "us", or "our") regarding your use of the CommissionPilot website, software, application, and related services (collectively, the "Platform"). By accessing or using the Platform, subscribing to our services, or clicking "I agree", you agree to be bound by this Agreement and our Privacy Policy, which is incorporated herein by reference.

PLEASE READ THIS AGREEMENT CAREFULLY. IT CONTAINS ARBITRATION AND CLASS ACTION PROVISIONS THAT MAY AFFECT YOUR RIGHTS. If you do not agree with any part of this Agreement, you must not access or use the Platform and must cease use immediately.

2. Platform and User Accounts

To access certain features of the Platform, you may be required to create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information.
• Be at least 18 years of age or the age of majority in your jurisdiction.
• Maintain and promptly update your account information.
• Maintain the security of your password and account.
• Accept responsibility for all activities that occur under your account.

You agree to notify CommissionPilot immediately of any unauthorized use of your account or any other breach of security. CommissionPilot will not be liable for any losses you incur as a result of someone else using your password or account, either with or without your knowledge.

3. Access and License

Upon registration and payment (where required), CommissionPilot grants you a limited, non-exclusive, non-transferable, non-assignable, and revocable license to access and use the Platform in accordance with this Agreement. Your access is personal to you and may not be shared, transferred, or assigned to any third parties.

All rights not expressly granted are reserved by CommissionPilot. We reserve the right to revoke your access at any time if we believe your actions violate this Agreement or may harm our business interests or any third-party rights.

4. CommissionPilot Services

CommissionPilot provides a platform that enables insurance professionals and agencies to track, audit, and reconcile commission payments. Our services include:

• Importing and parsing of commission statements (PDF, CSV, Excel).
• Commission reconciliation and variance tracking.
• Policy and book of business management.
• Financial reporting and income analytics.
• Agent performance tracking.

Important Disclaimer: Financial Data & Accuracy
CommissionPilot is a software platform designed to assist in the organization and tracking of commission data. We are not an accounting firm, financial advisor, or tax professional.

• Data Parsing: While we utilize advanced technology to parse and extract data from uploaded statements, we cannot guarantee 100% accuracy due to the variability of carrier statement formats. Users are solely responsible for verifying the accuracy of all data imported into the Platform.
• No Financial Advice: Data generated by the Platform is for informational and tracking purposes only. It should not be relied upon as the sole basis for tax reporting, financial audits, or legal disputes.
• Carrier Discrepancies: CommissionPilot displays data based on User inputs and carrier statements. We are not responsible for errors, omissions, or non-payments by insurance carriers.

No Legal, Tax, or Compliance Advice:
CommissionPilot does not provide legal, tax, or regulatory advice. Any reports, workflows, or tools provided are for convenience only. Users should consult with qualified accountants (CPA) or legal professionals regarding their specific tax obligations and financial compliance.

4a. HIPAA and Protected Health Information

HIPAA Status: CommissionPilot is not a covered entity or business associate as defined by the Health Insurance Portability and Accountability Act ("HIPAA"), unless otherwise agreed to in a separate written business associate agreement (BAA).

Commission Statements & PHI: Users acknowledge that commission statements uploaded to the Platform may contain Protected Health Information (PHI) (e.g., client names associated with specific health plans). Users are solely responsible for determining whether their use of the Platform requires HIPAA compliance and for ensuring that any PHI submitted to the Platform is done so in compliance with all applicable HIPAA requirements.

5. Platform Ownership

The Platform, including its structure, organization, code, features, algorithms, and all related software components, is proprietary to CommissionPilot and/or its licensors. CommissionPilot retains exclusive ownership of all intellectual property rights, including but not limited to copyrights, trademarks, service marks, and trade secrets.

You agree not to copy, reproduce, modify, distribute, create derivative works, reverse engineer, decompile, disassemble, or otherwise attempt to extract the source code of the Platform or any portion thereof.

6. User Responsibilities

You are solely responsible for:

• Your use of the Platform and compliance with all applicable laws.
• All content, data, and files you submit through the Platform ("User Content").
• Verifying the accuracy of commission data and reconciliation results.
• Ensuring you have the right to upload carrier statements and client data.
• Protecting sensitive financial data displayed on your screen or exported from the Platform.

You represent and warrant that: (1) you have the authority to enter into this Agreement; (2) all User Content is accurate and truthful; and (3) your use of the Platform complies with all applicable laws and regulations.

7. User Content

"User Content" refers to any information, data, files, text, or other content you submit, upload, or transmit through the Platform, including but not limited to commission statements, client lists, policy details, and agent hierarchies.

You retain ownership of your User Content. However, by submitting User Content, you grant CommissionPilot a non-exclusive, worldwide, royalty-free license for the duration of this Agreement to use, store, process, parse, and display your User Content solely for the purpose of operating, maintaining, and improving the Platform and services.

Data Privacy: We treat your financial and client data as confidential. We will not share your specific commission data with other users or third parties, except as described in our Privacy Policy.

CommissionPilot reserves the right to remove or refuse to accept any User Content at our sole discretion if we determine it violates this Agreement or is harmful to the Platform.

8. Subscription and Payments

• Subscription Fees: Access to certain features requires a paid subscription. Current pricing is displayed on the Platform. One-time "Lifetime" access may be offered separately via a designated checkout link.
• Automatic Renewal: Subscriptions (monthly or annual) automatically renew unless cancelled.
• Refunds — Subscriptions: For monthly and annual subscriptions, all sales are final. CommissionPilot does not offer refunds or credits for partial subscription periods or unused accounts.
• Refunds — Lifetime: Purchases of Lifetime access are eligible for a full refund if requested within thirty (30) days of the original purchase date. To request a refund for a Lifetime purchase, contact support with your order or account details. Refunds are processed in accordance with our payment processor's policies and may take several business days to appear.
• Price Changes: CommissionPilot reserves the right to modify pricing with at least 30 days' notice. One-time Lifetime pricing may change at any time for new purchasers; existing Lifetime purchasers are not affected.
• Payment Failure: If payment fails, access to paid features (including historical data access) may be suspended.

9. Acceptable Use

You agree not to:

• Use the Platform for any unlawful purpose.
• Interfere with or disrupt the Platform's security or functionality.
• Attempt to gain unauthorized access to any portion of the Platform.
• Upload corrupted files or malware disguised as commission statements.
• Reverse engineer or scrape data from the Platform.
• Use the Platform to build a competing commission tracking service.

10. Third-Party Services

The Platform may integrate with third-party services (e.g., CRM software, bank feeds, carrier portals). CommissionPilot is not responsible for the availability, content, or accuracy of data retrieved from or sent to these third-party services.

11. Platform Availability and Modifications

CommissionPilot strives to provide continuous access but does not guarantee 100% uptime. We reserve the right to modify, update, suspend, or discontinue any portion of the Platform at any time.

12. Termination

You may terminate your account at any time via your dashboard. Upon termination, your access will be disabled.

Data Retention upon Termination: You are responsible for exporting your financial reports and data prior to termination. CommissionPilot may retain your data for a period of 30-90 days following termination to allow for recovery requests, after which it may be permanently deleted. We are not liable for data loss if you fail to export your records before canceling.

13. Disclaimer of Warranties

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. To the fullest extent permitted by law, CommissionPilot disclaims all warranties, including:

• Warranties of merchantability, fitness for a particular purpose, and non-infringement.
• Warranties regarding the accuracy of OCR, data parsing, or mathematical calculations.
• Warranties that the Platform will be error-free or secure.

CommissionPilot does not warrant that your commission calculations will match your bank deposits exactly. You are responsible for final verification.

14. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, COMMISSIONPILOT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, including loss of profits, financial losses due to calculation errors, data loss, or business interruption.

In no event shall CommissionPilot's total liability exceed the amount you paid to CommissionPilot in the twelve (12) months preceding the claim or $100, whichever is greater.

15. Indemnification

You agree to defend, indemnify, and hold harmless CommissionPilot from any claims, damages, or expenses arising from:

• Your use of the Platform.
• Your violation of this Agreement.
• The content of the data you upload.
• Any financial disputes between you and your agents/carriers based on Platform data.

16. Dispute Resolution

Disputes shall be resolved through binding arbitration administered by the AAA in Wilmington, Delaware. You waive any right to participate in class actions.

17. Governing Law

This Agreement is governed by the laws of the State of Delaware, United States.

18. Privacy Policy

Your use is governed by our Privacy Policy.

19. Contact Information

Email: support@quotedeck.app
Website: quotedeck.app