Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Navasana, Inc., a Delaware corporation ("Navasana," "we," "us," or "our"). By accessing or using the Navasana platform, website, or any related services (collectively, the "Services"), you acknowledge that you have read, understood, and agree to be bound by these Terms.

If you are using the Services on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to these Terms, in which case "you" and "your" shall refer to such entity.

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

2. Description of Services

Navasana provides a cyber insurance platform that includes:

• Risk Assessment: AI-driven security posture analysis and risk evaluation
• Insurance Quoting: Generation of cyber insurance quotes based on risk assessment
• Policy Management: Tools for managing cyber insurance policies
• Security Integrations: Connections to third-party security tools for continuous risk monitoring
• Broker Portal: Tools for insurance brokers to manage client submissions and policies

3. Account Registration

3.1 Account Creation

To access certain features of our Services, you must create an account. When registering, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security and confidentiality of your login credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

3.2 Account Types

We offer different account types for different users, including policyholder accounts, broker accounts, and administrative accounts. Your access to features and functionality depends on your account type and permissions.

3.3 Account Termination

We reserve the right to suspend or terminate your account at any time for violation of these Terms, fraudulent activity, or any other reason we deem appropriate, with or without notice.

4. Use of Services

4.1 Permitted Use

You may use our Services only for lawful purposes and in accordance with these Terms. You agree to use the Services only for:

• Obtaining cyber insurance quotes and coverage
• Managing your insurance policies
• Conducting legitimate business activities related to cyber insurance
• Accessing risk assessment and security posture information

4.2 Prohibited Conduct

You agree not to:

• Provide false, misleading, or fraudulent information in any insurance application or submission
• Use the Services for any illegal or unauthorized purpose
• Attempt to gain unauthorized access to any part of the Services or related systems
• Interfere with or disrupt the integrity or performance of the Services
• Reverse engineer, decompile, or disassemble any aspect of the Services
• Use automated systems (bots, scrapers) to access the Services without permission
• Transmit viruses, malware, or other harmful code
• Impersonate any person or entity or misrepresent your affiliation
• Violate any applicable laws, regulations, or third-party rights
• Use the Services to compete with Navasana or for competitive analysis

5. Security Tool Integrations

5.1 Authorization

Our platform may integrate with third-party security tools and services (such as endpoint detection, identity management, email security, and cloud platforms) to assess your security posture. By connecting these integrations, you:

• Authorize Navasana to access and retrieve data from these systems
• Represent that you have the authority to grant such access
• Acknowledge that the data retrieved will be used for risk assessment purposes

5.2 Data Accuracy

You are responsible for ensuring that the security tools and systems you connect provide accurate and current information. Navasana is not responsible for inaccuracies in data obtained from third-party integrations.

6. Insurance-Related Terms

6.1 Quotes and Applications

Insurance quotes provided through our platform are estimates based on the information you provide and are subject to change. A quote does not constitute an offer of insurance or a binding agreement. Final policy terms, conditions, and premiums are determined by the underwriting carrier.

6.2 Accuracy of Information

You represent and warrant that all information provided in connection with insurance applications is true, accurate, and complete. Providing false or misleading information may result in denial of coverage, policy cancellation, or claim denial.

6.3 Policy Terms

Insurance policies are governed by the terms and conditions set forth in the policy documents issued by the underwriting carrier. In the event of any conflict between these Terms and your insurance policy, the insurance policy shall govern with respect to coverage matters.

6.4 Claims

Claims under your insurance policy must be reported in accordance with the policy terms. Navasana may assist in the claims process but is not the claims adjuster or decision-maker. Claims decisions are made by the underwriting carrier.

7. Fees and Payment

7.1 Insurance Premiums

Insurance premiums are set by the underwriting carrier and are payable in accordance with the policy terms. You agree to pay all premiums when due.

7.2 Platform Fees

Certain features or services may be subject to additional fees. Any such fees will be disclosed before you incur them, and you agree to pay all applicable fees.

7.3 Taxes

You are responsible for all applicable taxes, surcharges, and fees required by law in connection with insurance premiums and platform services.

8. Intellectual Property

8.1 Navasana Property

The Services, including all content, features, functionality, software, algorithms, designs, and documentation, are owned by Navasana or our licensors and are protected by intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to access and use the Services in accordance with these Terms.

8.2 Restrictions

You may not copy, modify, distribute, sell, lease, or create derivative works based on the Services without our express written permission. The Navasana name, logo, and all related names, logos, and trademarks are our property and may not be used without permission.

8.3 Feedback

If you provide feedback, suggestions, or ideas about our Services, you grant us a worldwide, royalty-free, perpetual license to use such feedback for any purpose without obligation to you.

9. Privacy and Data Protection

Your use of the Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Services, you consent to the collection, use, and disclosure of your information as described in the Privacy Policy.

10. Disclaimers

To the fullest extent permitted by law, Navasana disclaims all warranties, including but not limited to:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
• Warranties that the Services will be uninterrupted, error-free, or secure
• Warranties regarding the accuracy or completeness of risk assessments or security analyses
• Warranties regarding the availability or terms of insurance coverage

Navasana does not guarantee that insurance coverage will be available or that any claim will be paid. Insurance coverage is subject to the terms, conditions, and exclusions of the applicable policy.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• NAVASANA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL.
• NAVASANA'S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO NAVASANA IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).
• THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF NAVASANA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities, so some of the above limitations may not apply to you.

12. Indemnification

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

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

13. Termination

These Terms remain in effect until terminated. You may terminate your account at any time by contacting us. We may terminate or suspend your access to the Services immediately, without prior notice, for any reason, including breach of these Terms.

Upon termination, your right to use the Services ceases immediately. Provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

Termination of your account does not affect any insurance policies in force, which remain governed by their respective terms.

14. Governing Law and Dispute Resolution

14.1 Governing Law

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

14.2 Dispute Resolution

Any dispute arising out of or relating to these Terms or the Services shall first be attempted to be resolved through good-faith negotiation. If the dispute cannot be resolved through negotiation within thirty (30) days, either party may pursue resolution through binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules.

14.3 Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

14.4 Jurisdiction

For any matters not subject to arbitration, you consent to the exclusive jurisdiction of the state and federal courts located in Delaware.

15. Changes to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by posting the updated Terms on our website and updating the "Effective Date" above. Your continued use of the Services after any changes constitutes acceptance of the new Terms.

We encourage you to review these Terms periodically for any updates.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and Navasana regarding the Services.

16.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

16.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

16.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

16.5 Notices

We may provide notices to you via email, posting on the Services, or other reasonable means. You may provide notices to us at the contact information below.

17. Contact Us