Terms of Service

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and Redberry Labs (“Company,” “we,” “us,” or “our”). By accessing or using our website, platform, APIs, or any related services (collectively, the “Services”), you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

If you are accessing the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and “you” shall refer to that organization.

If you do not agree to these Terms, you must not access or use the Services.

You must be at least 18 years of age and have the legal capacity to enter into a binding contract to use the Services. By using the Services, you represent and warrant that you meet these requirements.

The Services are intended for business and professional use. If you are using the Services on behalf of an entity, you represent that you are authorized to accept these Terms on behalf of that entity.

Redberry Labs provides insurance products and risk assessment services designed for artificial intelligence systems and autonomous agents (“AI Insurance Services”). Our Services include but are not limited to:

• AI risk evaluation and underwriting for organizations that build, deploy, or operate AI systems
• Insurance coverage for first-party and third-party risks arising from AI operations, including but not limited to data restoration, business interruption, harmful outputs, privacy breaches, and service failures
• Risk scoring, monitoring, and analytics through our platform
• Access to our web-based application and dashboard at app.redberrylabs.com

The specific terms, conditions, limitations, and exclusions of any insurance policy issued through our platform are governed solely by the applicable insurance policy documents. In the event of any conflict between these Terms and the terms of an insurance policy, the insurance policy shall prevail with respect to coverage matters.

To access certain features of the Services, you may be required to create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information to keep it accurate and complete
• Maintain the confidentiality of your account credentials and not share them with any third party
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account or any other breach of security

We reserve the right to suspend or terminate your account if any information provided proves to be inaccurate, false, or incomplete, or if we reasonably believe your account has been compromised.

You agree not to use the Services to:

• Violate any applicable local, state, national, or international law, regulation, or treaty
• Provide false, misleading, or fraudulent information in connection with an insurance application, claim, or any other use of the Services
• Attempt to gain unauthorized access to the Services, other accounts, computer systems, or networks connected to the Services
• Interfere with or disrupt the integrity or performance of the Services or any related systems or networks
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, or data models used in the Services
• Use automated means (including bots, scrapers, or crawlers) to access the Services without our prior written consent
• Transmit any malware, viruses, or other malicious code through the Services
• Infringe upon the intellectual property rights of Redberry Labs or any third party

All content, features, and functionality of the Services — including but not limited to text, graphics, logos, trademarks, service marks, trade names, software, algorithms, risk models, data analyses, reports, and documentation — are and shall remain the exclusive property of Redberry Labs or its licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services solely for your internal business purposes. This license does not include the right to:

• Modify, copy, or create derivative works of the Services
• License, sell, resell, distribute, or commercially exploit the Services or any content therein
• Use any data mining, scraping, or similar data gathering methods on the Services

You retain ownership of all data you submit to the Services (“User Data”). By submitting User Data, you grant us a limited, non-exclusive license to use, process, store, and transmit such data solely for the purpose of providing the Services to you.

We will treat your User Data in accordance with our Privacy Policy. We implement commercially reasonable administrative, technical, and physical safeguards to protect User Data against unauthorized access, alteration, disclosure, or destruction.

You represent and warrant that you have all necessary rights and permissions to provide User Data to us and that doing so does not violate any applicable law, regulation, or third-party rights.

No Guarantee of Coverage. The information provided on the Services, including quotes, risk assessments, and coverage descriptions, is for informational purposes only and does not constitute an offer, binder, or guarantee of insurance coverage. Coverage is subject to underwriting approval, policy terms, and applicable regulations.

Duty of Disclosure. You have a duty to disclose all material facts and information relevant to the risks being assessed or insured. Failure to disclose material information, or providing false or misleading information, may result in the voidance of any insurance policy, denial of claims, or termination of coverage.

Policy Terms Control. The terms, conditions, exclusions, and limitations of any insurance policy issued through the Services are set forth solely in the applicable policy documents. These Terms do not modify, supplement, or supersede any insurance policy terms.

Regulatory Compliance. All insurance products offered through the Services are subject to the regulatory requirements of the jurisdictions in which they are sold. Availability of specific products may vary by jurisdiction.

Certain features of the Services may require payment of fees, including insurance premiums. All fees and premiums are as described on the Services or in the applicable insurance policy documents. You agree to pay all applicable fees in accordance with the payment terms presented at the time of purchase.

We reserve the right to modify our fees at any time, with reasonable notice. Fee changes will not affect any existing insurance policies already in force except as permitted by the applicable policy terms or applicable law.

The Services may contain links to, or integrations with, third-party websites, services, or content that are not owned or controlled by Redberry Labs. We are not responsible for the content, privacy policies, or practices of any third-party websites or services. Your use of third-party services is at your own risk and subject to the terms and conditions of those third parties.

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, REDBERRY LABS DOES NOT WARRANT THAT:

• THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
• THE RESULTS OBTAINED FROM THE USE OF THE SERVICES, INCLUDING ANY RISK ASSESSMENTS OR SCORING, WILL BE ACCURATE, RELIABLE, OR COMPLETE
• ANY ERRORS IN THE SERVICES WILL BE CORRECTED
• THE SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS OR EXPECTATIONS

Risk assessments, scores, and analytics provided through the Services are based on proprietary models and available data and are intended as informational tools only. They do not constitute professional advice and should not be relied upon as the sole basis for any business decision.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL REDBERRY LABS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH:

• Your access to or use of (or inability to access or use) the Services
• Any conduct or content of any third party on the Services
• Any content obtained from the Services
• Unauthorized access, use, or alteration of your transmissions or content

IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES EXCEED THE GREATER OF (A) THE AMOUNT YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED US DOLLARS ($100).

THIS LIMITATION OF LIABILITY DOES NOT APPLY TO LIABILITY ARISING FROM OBLIGATIONS UNDER AN INSURANCE POLICY, WHICH SHALL BE GOVERNED SOLELY BY THE TERMS OF THAT POLICY.

You agree to indemnify, defend, and hold harmless Redberry Labs and its officers, directors, employees, agents, affiliates, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with:

• Your use of the Services
• Your violation of these Terms
• Your violation of any applicable law, regulation, or third-party rights
• Any false, misleading, or fraudulent information you provide in connection with the Services

We may suspend or terminate your access to the Services at any time, with or without cause, and with or without notice, at our sole discretion. Upon termination, your right to use the Services will immediately cease.

You may terminate your account at any time by contacting us. Upon termination, the following provisions of these Terms shall survive: Sections 6 (Intellectual Property), 7 (Data and Confidentiality), 11 (Disclaimers), 12 (Limitation of Liability), 13 (Indemnification), and 16 (Governing Law).

Termination of your account does not affect any active insurance policies, which shall continue to be governed by their respective policy terms until their natural expiration or cancellation in accordance with those terms.

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on the Services and updating the “Last updated” date. Your continued use of the Services after such changes constitutes your acceptance of the modified Terms.

We encourage you to review these Terms periodically to stay informed of any updates.

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles.

Any dispute arising out of or relating to these Terms or the Services shall first be attempted to be resolved through good-faith negotiations. If the dispute cannot be resolved through negotiation within thirty (30) days, it shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Wilmington, Delaware.

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or confidential information.

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the original intent.

The failure of Redberry Labs to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of Redberry Labs.

These Terms, together with our Privacy Policy and any applicable insurance policy documents, constitute the entire agreement between you and Redberry Labs regarding the Services and supersede all prior agreements, representations, and understandings, whether written or oral.

If you have any questions about these Terms of Service, please contact us at: