Terms of service

Updated June 23, 2022

Before using the Asured, Inc. ("ASURED") platform, you must agree to the following terms, which are mandatory. If you have any questions, please contact us before you sign.

By using or signing up for ASURED, you are agreeing to be bound by the following terms and conditions (the “Agreement”).

By marking the applicable “I have read and agree to the terms of service" checkbox, you indicate your consent to be bound by the Agreement.

1. ASURED Services

In exchange for your payment of the applicable subscription fee, you may request ASURED services, as described on our website at https://asured.co. We will provide the ASURED services in accordance with this Agreement and the other terms and conditions described on our website at https://app.asured.co.

2. ASURED Account

To become a ASURED contractor, you must complete an order form and create an account by providing first name, last name and company name (if applicable), email address, and any other information indicated as required. We may reject any order form or application for an account for any reason, in our sole discretion. You acknowledge that we will use the email address provided by you as the primary method for communication. You are responsible for keeping your account password secure. We cannot and will not be liable for any loss or damage arising from any failure to maintain the security of the account and password.

If you place an order and sign up for an account on behalf of your employer, your employer will be deemed to be the customer for the purpose of this Agreement, and you represent and warrant that you have the authority to bind your employer to this Agreement. Each customer is responsible for assuring that its employees, agents and subcontractors comply with this Agreement.

3. Fees

You will pay a fee for your subscription as specified in your ASURED order form. Fees are based on the subscription term and not actual usage, and fees paid are non-refundable.

Your customers will sign up on the ASURED website through a proprietary payment platform and will be directed to Stripe.com, who will process the customer’s monthly payments. You agree to pay ASURED 10.5% for this service, and receive 89.5% of the customer’s monthly payment. The customer will be credited with 100% of the payment.

In the event any monthly payment is less than $100, you agree to pay ASURED 11% and receive 89% of the customer’s monthly payment.

4. Compliance with the law

You agree to act in compliance with all federal, state and municipal laws, regulations or codes regarding the products and services you provide, including, but not limited to, the Home Solicitation Act and Insurance Code, portions of which are attached to this agreement. This is not legal advice, nor are we acting as your lawyer. Consult your lawyer if you have questions whether your contract complies with Texas law.

5. Termination

Either party may terminate this Agreement at any time, with or without cause, effective immediately upon written or electronic notice. Upon termination of this Agreement, all rights granted to you hereunder will immediately cease, including, but not limited to, the right to access the Account, unless otherwise determined in our sole discretion.

6. Intellectual property rights

You agree that the ASURED platform constitutes confidential and proprietary information. You agree not to disclose the operational features of the ASURED platform to anyone. You acknowledge and agree that we may freely use and otherwise commercially exploit any ideas, feedback or suggestions provided by you.

7. Disclaimers and limitation of liability of warranty

THE SERVICES ARE PROVIDED “AS-IS,” AND WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.

WE WILL NOT HAVE ANY LIABILITY WITH RESPECT TO THE SERVICES OR OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSSES OF PROFITS, GOODWILL, USE, LOSS OF DATA OR OTHER INTANGIBLE LOSSES RESULTING IN ANY WAY FROM THE SERVICES. IN ANY EVENT, OUR LIABILITY UNDER THIS AGREEMENT FOR ANY REASON WILL BE LIMITED TO THE FEES PAID BY YOU DURING THE SIX-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. THESE LIMITATIONS APPLY EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

8. General provisions

This Agreement sets forth the entire agreement and supersedes any and all prior agreements, written or oral, of the parties with respect to the subject matter hereof. We reserve the right to update and change the Agreement prospectively by posting updates and changes on our website, https://asured.co. You are advised to check the Agreement from time to time for any updates or changes that may impact you. If a significant change is made, we will provide reasonable notice by email and an opportunity to terminate this Agreement if you do not agree with the change.

The parties to this Agreement are independent contractors. Neither party is an agent, representative or related entity of the other party. Nothing in this Agreement is intended to create, nor will it be construed as creating, any employment arrangement between the parties to this Agreement. This Agreement does not restrict either party from entering into similar arrangements with others. Each party understands that the other party may now or in the future be involved in developing or providing competitive products or services, subject to the restrictions in paragraph 6. Neither party is liable for any failure or delay caused by any circumstance or event beyond its reasonable control.

CONSUMER'S RIGHT TO CANCEL TRANSACTION

Sec. 601.051. CONSUMER'S RIGHT TO CANCEL. In addition to any other rights or remedies available, a consumer may cancel a consumer transaction not later than midnight of the third business day after the date the consumer signs an agreement or offer to purchase.

Sec. 601.052. NOTICE OF CONSUMER'S RIGHT TO CANCEL REQUIRED.

1. A merchant must provide a consumer with a complete receipt or copy of a contract pertaining to the consumer transaction at the time of its execution.
2. The document provided under Subsection (a) must:
   1. be in the same language as that principally used in the oral sales presentation;
   2. contain the date of the transaction;
   3. contain the name and address of the merchant; and
   4. contain a statement:
      1. in immediate proximity to the space reserved in the contract for the signature of the consumer or on the front page of the receipt if a contract is not used; and
      2. in boldfaced type of a minimum size of 10 points in substantially the following form: "YOU, THE BUYER, MAY CANCEL THIS TRANSACTION AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION. SEE THE ATTACHED NOTICE OF CANCELLATION FORM FOR AN EXPLANATION OF THIS RIGHT."

Sec. 601.053. COMPLETED CANCELLATION FORM REQUIRED.

1. A merchant that provides a document under Section 601.052 must attach to the document a completed notice of cancellation form in duplicate. The form must:

   1. be easily detachable;
   2. be in the same language as the document provided under Section 601.052; and
   3. contain the following information and statements in 10-point boldfaced type:

      NOTICE OF CANCELLATION

      (enter date of transaction)

      "YOU MAY CANCEL THIS TRANSACTION, WITHOUT ANY PENALTY OR OBLIGATION, WITHIN THREE BUSINESS DAYS FROM THE ABOVE DATE. "IF YOU CANCEL, ANY PROPERTY TRADED IN, ANY PAYMENTS MADE BY YOU UNDER THE CONTRACT OR SALE, AND ANY NEGOTIABLE INSTRUMENT EXECUTED BY YOU WILL BE RETURNED WITHIN 10 BUSINESS DAYS FOLLOWING RECEIPT BY THE MERCHANT OF YOUR CANCELLATION NOTICE, AND ANY SECURITY INTEREST ARISING OUT OF THE TRANSACTION WILL BE CANCELLED. "IF YOU CANCEL, YOU MUST MAKE AVAILABLE TO THE MERCHANT AT YOUR RESIDENCE, IN SUBSTANTIALLY AS GOOD CONDITION AS WHEN RECEIVED, ANY GOODS DELIVERED TO YOU UNDER THIS CONTRACT OR SALE; OR YOU MAY IF YOU WISH, COMPLY WITH THE INSTRUCTIONS OF THE MERCHANT REGARDING THE RETURN SHIPMENT OF THE GOODS AT THE MERCHANT'S EXPENSE AND RISK. "IF YOU DO NOT AGREE TO RETURN THE GOODS TO THE MERCHANT OR IF THE MERCHANT DOES NOT PICK THEM UP WITHIN 20 DAYS OF THE DATE OF YOUR NOTICE OF CANCELLATION, YOU MAY RETAIN OR DISPOSE OF THE GOODS WITHOUT ANY FURTHER OBLIGATION. "TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED AND DATED COPY OF THIS CANCELLATION NOTICE OR ANY OTHER WRITTEN NOTICE, OR SEND A TELEGRAM, TO (name of merchant), AT (address of merchant's place of business) NOT LATER THAN MIDNIGHT OF (date). I HEREBY CANCEL THIS TRANSACTION.

      (date)

      (buyer's signature)"

2. A merchant may not fail to include on both copies of the form described by Subsection (a):

   1. the name of the merchant;
   2. the address of the merchant's place of business;
   3. the date of the transaction; and
   4. a date not earlier than the third business day after the date of the transaction by which the consumer must give notice of cancellation.

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Sec. 601.101. MERCHANT'S COMPENSATION. A merchant is not entitled to compensation for services performed under a consumer transaction canceled under this chapter.

Sec. 601.102. CONSUMER'S RETENTION OF GOODS OR TITLE TO REAL PROPERTY AUTHORIZED. Until a merchant has complied with this chapter, a consumer with possession of goods or the right or title to real property delivered by the merchant:

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Sec. 601.152. FAILURE TO INFORM OR MISREPRESENTATION OF RIGHT TO CANCEL. A merchant may not:

Sec. 601.153. TRANSFER OF INDEBTEDNESS DURING CERTAIN PERIOD. A merchant may not negotiate, transfer, sell, or assign a note or other evidence of indebtedness to a finance company or other third party before midnight of the fifth business day after the date the contract pertaining to a consumer transaction was signed or the goods or services were purchased.

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Sec. 601.201. CERTAIN SALES OR CONTRACTS VOID. A sale or contract entered into under a consumer transaction in violation of Section 601.053(b) or Subchapter D is void.

Sec. 601.202. LIABILITY FOR DAMAGES. A merchant who violates this chapter is liable to the consumer for:

PAYMENT OF DEDUCTIBLE REQUIRED

Insurance Code:

Sec. 707.001. DEFINITIONS. In this chapter:

Sec. 707.002. PAYMENT OF DEDUCTIBLE REQUIRED. A person insured under a property insurance policy shall pay any deductible applicable to a first-party claim made under the policy.

Sec. 707.003. CONSUMER EDUCATION. The department, in coordination with other state agencies and stakeholders as necessary, shall develop and implement an education program related to the payment of property insurance policy deductibles. The program must:

Sec. 707.004. REASONABLE PROOF OF PAYMENT. An insurer that issues a property insurance policy with replacement cost coverage may refuse to pay a claim for withheld recoverable depreciation or a replacement cost holdback under the policy until the insurer receives reasonable proof of payment by the policyholder of any deductible applicable to the claim. Reasonable proof of payment includes a canceled check, money order receipt, credit card statement, or copy of an executed installment plan contract or other financing arrangement that requires full payment of the deductible over time.

Sec. 707.005. RULEMAKING. The commissioner may adopt rules as necessary to implement this chapter. Section 2001.0045, Government Code, does not apply to rules adopted under this section.

Business & Commerce Code:

Sec. 27.02. GOODS OR SERVICES PAID FOR BY INSURANCE PROCEEDS: PAYMENT OF DEDUCTIBLE REQUIRED.

1. In this section, "property insurance policy" has the meaning assigned by Section 707.001, Insurance Code.
2. A contract to provide a good or service that is reasonably expected to be paid wholly or partly from the proceeds of a claim under a property insurance policy and that has a contract price of $1,000 or more must contain the following notice in at least 12-point boldfaced type: "Texas law requires a person insured under a property insurance policy to pay any deductible applicable to a claim made under the policy. It is a violation of Texas law for a seller of goods or services who reasonably expects to be paid wholly or partly from the proceeds of a property insurance claim to knowingly allow the insured person to fail to pay, or assist the insured person's failure to pay, the applicable insurance deductible."
3. A person who sells goods or services commits an offense if the person:
   1. advertises or promises to provide a good or service to an insured under a property insurance policy in a transaction in which:
      1. (A) the good or service will be paid for by the insured from the proceeds of a property insurance claim; and
      2. the person selling the good or service will, without the insurer's consent:
         1. pay, waive, absorb, or otherwise decline to charge or collect the amount of the insured's deductible; 2.provide a rebate or credit in connection with the sale of the good or service that will offset all or part of the amount paid by the insured as a deductible; or
         2. in any other manner assist the insured in avoiding monetary payment of the required insurance deductible; or
   2. provides a good or service to an insured under a property insurance policy knowing that the insured will pay for the good or service with the proceeds of a claim under the policy and, without the insurer's consent:
      1. pays, waives, absorbs, or otherwise declines to charge or collect the amount of the insured's deductible;
      2. provides a rebate or credit in connection with the sale of the good or service that offsets all or part of the amount paid by the insured as a deductible; or
      3. in any other manner assists the insured in avoiding monetary payment of the required insurance deductible.
4. An offense under this section is a Class B misdemeanor.