Terms of Service

1. Agreement to Terms

By accessing or using Metro Point Technology LLC's ("Metro Point," "we," "our," or "us") Software as a Service products, including AMS-App and related services (the "Services"), you ("Customer," "you," or "your") agree to be bound by these Terms of Service ("Terms"). If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.

Contact Information:

• Email: Support@MetroPointTech.com
• Address: Southwest Florida, United States

2. Description of Services

Metro Point provides cloud-based software solutions designed for insurance agencies and related businesses, including:

• AMS-App: Insurance agency management system for policy tracking, commission management, and client relationship management
• Related Tools: Additional modules, integrations, and supporting services as made available

3. Subscription and Payment Terms

3.1 Subscription Plans

• Plan Types: Various subscription tiers with different features and usage limits
• Billing Cycles: Monthly or annual billing as selected during signup
• Plan Changes: You may upgrade or downgrade your plan with changes effective on the next billing cycle

3.2 Fees and Payment

• Subscription Fees: Due in advance based on your selected billing cycle
• Payment Methods: Credit card, ACH transfer, or other approved payment methods
• Automatic Renewal: Subscriptions automatically renew unless cancelled
• Late Fees: A late fee of 1.5% per month may be charged on overdue amounts
• Taxes: You are responsible for applicable taxes, which may be added to your bill

3.3 Free Trials and Promotions

• Trial Terms: Free trial periods, if offered, are subject to specific terms communicated at signup
• Trial Limitations: May include feature restrictions or data limits
• Conversion: Trials automatically convert to paid subscriptions unless cancelled

4. Acceptable Use

4.1 Permitted Uses

You may use our Services to:

• Manage your insurance agency operations and client relationships
• Store and process business data related to your operations
• Access and utilize features as provided in your subscription plan
• Integrate with approved third-party services

4.2 Prohibited Uses

You may NOT use our Services to:

• Violate any applicable laws or regulations
• Infringe on intellectual property rights of others
• Upload or transmit malicious code, viruses, or harmful content
• Attempt to gain unauthorized access to our systems
• Reverse engineer, decompile, or attempt to extract source code
• Resell, redistribute, or sublicense access to others (except as permitted)
• Use automated systems to access the Services without permission
• Store or process illegal content or engage in fraudulent activities

4.3 Data Accuracy

You are responsible for the accuracy and legality of all data you input, store, or process through our Services.

5. User Accounts and Security

5.1 Account Registration

• You must provide accurate, current, and complete information during registration
• You are responsible for maintaining the confidentiality of your account credentials
• You must notify us immediately of any unauthorized use of your account

5.2 User Responsibilities

• Use strong passwords and enable multi-factor authentication when available
• Restrict access to authorized users only
• Monitor account activity and report suspicious behavior
• Comply with all applicable data protection and privacy laws

6. Data and Privacy

6.1 Your Data

• Ownership: You retain ownership of all data you upload or generate using our Services
• License: You grant us a limited license to process your data as necessary to provide the Services
• Privacy: Our collection and use of your personal information is governed by our Privacy Policy

6.2 Data Security

• We implement industry-standard security measures to protect your data
• We regularly backup your data and maintain disaster recovery procedures
• You acknowledge that no system is 100% secure and use the Services at your own risk

6.3 Data Export and Portability

• You may export your data in standard formats as provided by our export tools
• Upon request, we will assist with data migration to other systems (fees may apply)

7. Intellectual Property

7.1 Our IP Rights

• Metro Point retains all rights, title, and interest in the Services, including all intellectual property rights
• Our trademarks, logos, and brand elements may not be used without written permission
• These Terms do not grant you any license to our intellectual property except as necessary to use the Services

7.2 Customer IP Rights

• You retain ownership of your pre-existing intellectual property
• Any feedback, suggestions, or improvements you provide may be used by us without restriction

8. Service Level and Availability

8.1 Uptime Commitment

• We strive to maintain 99.9% uptime for our Services during each calendar month
• Scheduled maintenance windows will be announced in advance when possible
• Downtime excludes maintenance, force majeure events, and issues outside our control

8.2 Support

• Business Hours: Monday-Friday, 9 AM - 5 PM Eastern Time
• Response Times: We aim to respond to support requests within 24 hours during business days
• Support Channels: Email, in-app messaging, and knowledge base resources

9. Limitation of Liability

9.1 Service Disclaimer

The Services are provided "as is" and "as available" without warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

9.2 Liability Limitations

To the maximum extent permitted by law:

• Our total liability for any claims related to these Terms or the Services shall not exceed the amount you paid us in the twelve (12) months preceding the claim
• We shall not be liable for indirect, incidental, consequential, special, or punitive damages
• We are not responsible for data loss, business interruption, or lost profits

9.3 Indemnification

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

• Your use of the Services in violation of these Terms
• Your violation of applicable laws or regulations
• Infringement of third-party rights by your content or data

10. Termination

10.1 Termination by You

• You may cancel your subscription at any time through your account settings or by contacting support
• Cancellation takes effect at the end of your current billing period
• No refunds are provided for unused portions of prepaid subscriptions

10.2 Termination by Us

We may terminate your account:

• For breach of these Terms (with 30 days' notice to cure, if curable)
• For non-payment of fees (after 30 days past due)
• If required by law or to protect our rights or those of others
• At our discretion with 30 days' advance notice

10.3 Effects of Termination

Upon termination:

• Your access to the Services will be disabled
• Your data will be made available for export for 30 days
• After 30 days, your data may be permanently deleted
• All payment obligations accrued prior to termination remain due

11. Dispute Resolution

11.1 Informal Resolution

Before initiating formal proceedings, parties agree to attempt good faith resolution through direct negotiation for at least 30 days.

11.2 Binding Arbitration

Any disputes arising from these Terms shall be resolved through binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration shall be conducted in Florida, and Florida law shall govern.

11.3 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.

11.4 Exceptions

The following may be pursued in court:

• Claims for intellectual property infringement
• Requests for injunctive relief
• Small claims court actions (under applicable limits)

12. Modifications to Terms

12.1 Updates

We may modify these Terms at any time by:

• Posting updated Terms on our website
• Sending notice to your registered email address
• Providing notice through the Services

12.2 Acceptance

Continued use of the Services after notice of changes constitutes acceptance of the modified Terms. If you do not agree to the changes, you must stop using the Services.

12.3 Material Changes

For material changes that significantly affect your rights, we will provide at least 30 days' advance notice.

13. General Provisions

13.1 Governing Law

These Terms are governed by the laws of the State of Florida, without regard to conflict of law principles.

13.2 Severability

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

13.3 Entire Agreement

These Terms, together with our Privacy Policy and any order forms, constitute the entire agreement between the parties and supersede all prior agreements.

13.4 No Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of our right to enforce it later.

13.5 Assignment

You may not assign these Terms without our written consent. We may assign these Terms without restriction.

13.6 Force Majeure

Neither party will be liable for any failure or delay in performance due to circumstances beyond their reasonable control, including natural disasters, government actions, or network outages.

14. Contact Information

Questions about these Terms should be directed to:

Metro Point Technology LLC

Email: Support@MetroPointTech.com

Subject Line: "Terms of Service Inquiry"

We will respond to inquiries within 30 days.