Terms of Service

1. Scope and related agreements

These Terms govern The Arsenal in all its forms — the web application, the public pages, and any related tools we make available. The Privacy Policy is incorporated by reference and forms part of this agreement.

While The Arsenal is in private beta, the Beta Supplement also applies and, where it conflicts with these Terms, controls. It expires when the platform reaches general availability.

If we have signed a separate written agreement with you — including a Business Associate Agreement — that signed agreement controls over these Terms to the extent of any conflict.

2. Eligibility and your account

The Arsenal is a business tool sold to insurance producers and agencies. It is not offered to consumers and not intended for anyone under 18. To create an account you represent that you are at least 18, are acting in a business capacity, and hold every licence and carrier appointment required for the business you conduct using the platform.

You are responsible for everything that happens under your account. Keep your password and your second-factor device to yourself. Accounts are per-person: do not share credentials with anyone, including colleagues at your own agency. Tell us promptly if you believe your account has been compromised.

We may require multi-factor authentication and may refuse, suspend, or remove an account at our discretion where we reasonably believe these Terms have been broken.

3. What The Arsenal is

The Arsenal is productivity software: a CRM, a call-scripting and note-taking workspace, a KPI tracker, scheduling and messaging tools, and a rules engine that suggests which carriers and products may fit a given client profile.

Wakim Works is not an insurance carrier, agency, broker, or producer. We do not underwrite, issue, bind, or administer insurance. We do not sell insurance and we are not a party to any policy or commission arrangement between you, a carrier, an upline, or a client. We are a software vendor, and nothing on the platform is insurance, legal, tax, or financial advice to you or to anyone you serve.

4. Underwriting decision support

This section governs the carrier recommendations, product and tier suggestions, confidence scores, premium estimates, build charts, medical guidance, and commission or compensation figures that the platform produces. Read it before relying on any of them.

• It is decision support, not a decision. Output is generated by deterministic rules applied to data you entered. It is informational only. It is not an underwriting decision, an offer, a quote, a binder, a guarantee of issuance, or a promise of any premium, rating class, or commission.
• Only the carrier underwrites. Every carrier applies its own current guidelines to its own review of the applicant, and the result can differ from what the platform suggests. A carrier's decision always controls.
• Encoded rules go stale. Carrier guides, rate tables, build charts, product availability, issue ages, and compensation schedules change without notice to us. We make reasonable efforts to keep the data current and we do not warrant that any of it is accurate, complete, or up to date at the moment you look at it. Verify against the carrier's current published guide before you quote, recommend, or submit.
• Output quality follows input quality. The engine can only reason over what you entered. Incomplete, inaccurate, or misunderstood client answers produce confident-looking output that is wrong.
• You remain the professional. Suitability, replacement analysis, needs analysis, product selection, disclosure, and every statement you make to a client are yours alone — as are your obligations to your clients, carriers, uplines, and regulators. The platform does not reduce, transfer, or satisfy any of them.

To the maximum extent permitted by law, Wakim Works has no liability for a declined, rated, rescinded, or contested application, a denied claim, a lost or reduced commission, a chargeback, a complaint, a regulatory action, or an errors-and-omissions claim arising from your reliance on platform output. Section 14 caps liability generally.

5. Acceptable use

You agree not to, and not to permit anyone else to:

• Upload or enter data about any person unless you are authorised to collect, hold, and process it, and have any consent required by law to do so;
• Use the platform — including its messaging, dialling, and scheduling features — in any way that violates the Telephone Consumer Protection Act, federal or state Do-Not-Call rules, CAN-SPAM, state telemarketing or unfair-trade-practice law, carrier advertising and lead-source rules, or any applicable insurance regulation;
• Use the platform to make misleading statements about a policy, carrier, or benefit, or to conduct business you are not licensed and appointed to conduct;
• Attempt to access another account or another tenant's data; probe, scan, or test the security of the platform; circumvent authentication, rate limits, or access controls; or reverse engineer, decompile, or scrape it;
• Resell, sublicense, timeshare, or provide the platform as a service to third parties, or share a single account across multiple people;
• Use the platform to build or train a competing product, or to benchmark it for publication, without our written consent;
• Upload malware, interfere with the service, or impose an unreasonable load on it.

Security research is welcome, but coordinate with us first — email judewakim@wakimworks.com before testing anything. Unannounced testing against production is a breach of this section.

6. Client Data

"Client Data" means the information you enter into or upload to the platform about your clients and prospects, including names, contact details, dates of birth, government identifiers, financial and payment details, beneficiary information, and health and medical history.

You own it. As between you and Wakim Works, Client Data is yours. We claim no ownership of it. You grant us a limited licence to host, process, transmit, encrypt, back up, and display it solely to provide and maintain the platform for you, and to comply with law.

You are the controller; we are your service provider. The individuals described in Client Data are your clients, not ours. You decide what to collect and why; we act on your instructions. Accordingly, and for the purposes of the California Consumer Privacy Act as amended and comparable state laws, Wakim Works commits that it:

• processes Client Data only to perform the services described in these Terms and on your documented instructions;
• does not sell or share Client Data as those terms are defined in Cal. Civ. Code § 1798.140(ad) and (ah), and receives no consideration for it;
• does not retain, use, or disclose Client Data for any purpose other than performing the services, including any commercial purpose of our own;
• does not combine Client Data with personal information received from another source, except as permitted for a service provider;
• imposes materially equivalent obligations on any subprocessor it engages, and remains responsible for their performance;
• notifies you if it determines it can no longer meet these obligations;
• will, on your request or on termination, delete or return Client Data as described in Section 12; and
• will cooperate reasonably with your obligations to respond to data-subject requests and to conduct vendor due diligence.

We may generate and use aggregated, de-identified statistics about platform usage that do not identify you, your agency, or any individual, and cannot reasonably be used to re-identify anyone. We will not attempt to re-identify such data.

7. Your representations about Client Data

You represent and warrant, on an ongoing basis, that:

• you have the right and any legally required consent or authorisation to collect the Client Data you enter and to have us process it as described here;
• you have given your clients any privacy notice required of you by the Gramm-Leach-Bliley Act, applicable state insurance privacy regulations, state consumer privacy laws, or HIPAA where it applies to you;
• your use of the platform complies with your own legal, regulatory, contractual, and record-retention obligations, including any information-security programme your state requires of you as an insurance licensee; and
• you will not enter data that you are prohibited from disclosing to a service provider.

The platform is not designed or authorised for data subject to PCI DSS as a payment processor, for children's data, or for any category of information whose handling would require certifications we have not represented that we hold.

8. Fees, billing, and renewal

Paid subscriptions are billed in advance at the price and interval shown at purchase. Unless stated otherwise at the point of sale, subscriptions renew automatically for successive periods at the then-current price until cancelled, and we will charge your payment method on each renewal date.

You can cancel at any time, effective at the end of the current billing period, from your account or by emailing us. Fees already paid are non-refundable except where required by law. We may change pricing on notice, effective at your next renewal.

You are responsible for applicable taxes. If a payment fails, we may suspend the account after reasonable notice. During the private beta, access is provided free of charge and nothing in this section obliges either of us to a paid arrangement.

9. Confidentiality

Each of us may learn non-public information about the other. Both of us agree to protect it with at least reasonable care and to use it only for this agreement. This does not cover information that is public through no fault of the recipient, was already known, is independently developed, or is lawfully received from a third party. Either of us may disclose where legally compelled, giving the other reasonable notice where lawful.

10. Intellectual property and feedback

The platform — its software, design, content, underwriting rule sets, compiled carrier data, and trademarks — is owned by Wakim Works and protected by intellectual property law. We grant you a non-exclusive, non-transferable, revocable right to use it during your subscription, for your own insurance business. All rights not expressly granted are reserved. You get no rights in the platform itself.

If you send us feedback, bug reports, or suggestions, we may use them without restriction, attribution, or payment. Feedback is given voluntarily and is not your confidential information.

11. Availability and changes

We aim to keep the platform available and improving, but we do not commit to any uptime level, and we may add, change, suspend, or remove features. Planned maintenance and unplanned interruptions both happen. Third-party services the platform integrates with may change or become unavailable outside our control.

Keep your own copy of anything you cannot afford to lose. You can export your records from the CRM at any time, and encrypted export is available.

12. Suspension, termination, and your data

You may stop using the platform and close your account at any time. We may suspend or terminate access for breach of these Terms, for non-payment after notice, for conduct that risks harm to other users or to the platform, or on 30 days' notice for any reason. We may suspend immediately, without notice, where a threat is active.

For 30 days after termination you may request an export of your Client Data, and we will provide it in a machine-readable format. After that window we will delete or de-identify your Client Data within a reasonable period, except where we must retain it by law. Residual copies may persist in encrypted backups until those backups expire on their normal schedule, and remain protected by these Terms while they do.

Some records are deliberately not erasable on request: entries in the tamper-evident audit chain and records of your acceptance of these Terms are retained as integrity and compliance evidence. See the Privacy Policy.

Sections 6, 7, 9, 10, and 13 through 17 survive termination.

13. Disclaimer of warranties

The platform is provided "as is" and "as available," without warranties of any kind, express or implied. To the maximum extent permitted by law, Wakim Works disclaims all implied warranties, including merchantability, fitness for a particular purpose, title, and non-infringement, and any warranty arising from course of dealing or trade usage.

We do not warrant that the platform will be uninterrupted, timely, secure, or error-free; that defects will be corrected; that data will not be lost; or that any output — including carrier recommendations, premium estimates, and compensation figures — is accurate, complete, or current. No advice or information from us creates any warranty not expressly stated here.

14. Limitation of liability

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost commissions, lost business, lost goodwill, or lost or corrupted data, however caused and on any theory of liability, even if advised of the possibility.

To the maximum extent permitted by law, Wakim Works' total aggregate liability arising out of or relating to this agreement is limited to the greater of (a) the total fees you actually paid us in the twelve months immediately before the event giving rise to the claim, or (b) one hundred United States dollars (US$100). Because the private beta is provided free of charge, the amount under (a) is zero for beta use.

These limits do not apply to your obligations under Section 15, to either party's breach of Section 9, or to any liability that cannot be limited by law. The parties agree these limits are a reasonable allocation of risk and an essential basis of this agreement, and apply even if a limited remedy fails of its essential purpose.

15. Indemnification

You will defend, indemnify, and hold harmless Wakim Works and its members, officers, and contractors from any third-party claim, demand, proceeding, loss, liability, damage, fine, penalty, or expense (including reasonable legal fees) arising out of or relating to:

• your Client Data, including any claim that you lacked the right or consent to collect or provide it;
• your conduct of insurance business, including advice you gave, products you sold or replaced, statements you made to a client, and any errors-and-omissions or suitability claim;
• your outreach or messaging, including any TCPA, Do-Not-Call, or telemarketing claim;
• your breach of these Terms, including Sections 5 and 7; or
• your violation of law or of a third party's rights.

We will notify you of the claim, let you control the defence with counsel of your choosing (subject to our reasonable approval), and cooperate at your expense. You may not settle in a way that admits our fault or imposes an obligation on us without our written consent.

16. Governing law and disputes

This agreement is governed by the laws of the State of Florida, without regard to its conflict-of-laws rules, and excluding the United Nations Convention on Contracts for the International Sale of Goods.

Talk to us first. Before filing anything, email judewakim@wakimworks.com describing the dispute. Both of us agree to try in good faith to resolve it informally for 30 days. Most problems end here.

If that fails, both of us submit to the exclusive jurisdiction of the state and federal courts located in the State of Florida and waive any objection to venue or forum in those courts.

To the extent permitted by law, both parties waive any right to a jury trial, and any claim must be brought individually — not as a plaintiff or class member in any class, collective, consolidated, or representative proceeding. Any claim must be brought within one year after it arose, or it is permanently barred, except where a longer period is required by law.

17. Changes to these Terms

We may update these Terms. When we make a material change we will update the "Last updated" date above and ask you to accept the new version the next time you sign in. Continuing to use the platform after a change takes effect means you accept it. If you do not accept, stop using the platform and close your account.

We keep a record of which version of these Terms you accepted and when.

18. General

These Terms, together with the Privacy Policy and any applicable supplement, are the entire agreement between us on this subject and supersede any prior understanding. If a provision is held unenforceable, it is limited to the minimum extent necessary and the rest stays in force. Our failure to enforce a provision is not a waiver of it.

You may not assign this agreement without our written consent; we may assign it in connection with a merger, acquisition, or sale of assets. Nothing here creates a partnership, joint venture, employment, agency, or franchise relationship. Neither party is liable for delays caused by events beyond its reasonable control. There are no third-party beneficiaries. Notices to you go to the email on your account; notices to us go to the address below.

19. Contact

Entity

Wakim Works LLC, a Florida limited liability company

Email

judewakim@wakimworks.com