Terms of Service

1. Agreement

These Terms of Service ("Terms"), including Schedule A (Data processing terms), are a legal agreement between Policy Stream Inc. ("PolicyStream", "we", "us") and the person or organization that creates an account or uses the PolicyStream platform, website, client portal, Autofill (beta) and related services (the "Service"). If you use the Service for a brokerage, agency or other business, you confirm you have authority to bind it, and "you" means that business and every user it authorizes.

You accept these Terms and acknowledge our Privacy Policy by ticking the box when you create your account (or when we ask you to accept an updated version), or by using the Service. We keep a record of the version you accepted, when, and the IP address and browser used. If you do not agree, do not use the Service.

The Service is intended for insurance advisors, agents and brokers who hold a valid licence in the Canadian province(s) or territory(ies) where they carry on business, and for staff working under their supervision. You must be at least 18 years old and able to form a binding contract. It is not a consumer service. The Service is not currently offered to advisors or brokerages carrying on business in Quebec.

2. What PolicyStream is (and isn't)

PolicyStream is a software tool. It helps you organize client files, run calculations, present quotes, collect application answers and signatures, generate documents and enter information into third-party systems at your direction.

PolicyStream is not an insurer, insurance agent, broker, managing general agency, financial advisor or compliance service, and does not hold an insurance licence. We do not:

• provide insurance, financial, legal, tax, underwriting or compliance advice;
• recommend any product, carrier or amount of coverage to you or your clients;
• underwrite, approve, issue or submit any application or policy;
• verify the identity of your clients or the truth, accuracy or completeness of any answer;
• receive or handle premiums or client money; or
• become a party to any contract between you, your client, your MGA or any insurer.

Needs analysis results, recommended coverage, "reasons why" text, quote comparisons, document templates and any other output of the Service are tools to support your professional judgment. They are not advice, and they are not a substitute for your own analysis.

3. Your responsibilities

As a licensed professional you are solely responsible for your business and your use of the Service, including:

• Licensing and supervision. Holding and maintaining every licence, registration, appointment and errors-and-omissions insurance required for your activities, and supervising anyone who uses the Service on your behalf.
• Suitability and advice. Knowing your client, assessing their needs, the suitability of any recommendation and every disclosure you make, in line with the fair treatment of customers expectations of your regulators.
• Verifying answers. Reviewing every application answer, calculated value, pre-filled field and document for accuracy and completeness, with your client where appropriate, before you rely on it, share it or submit it to any carrier. Misstatements or omissions on an application can result in a declined claim or rescinded policy.
• Compliance. Meeting all obligations under applicable insurance, privacy, anti-money-laundering, anti-spam, consumer protection and electronic commerce laws, and the rules and guidelines of your regulators (including provincial insurance councils and regulators, FSRA and CCIR/CISRO guidance), and of your MGA and carriers.
• Privacy accountability. You (and your brokerage) are the organization that controls your clients' personal information and is accountable for it under privacy law. You are responsible for having a privacy officer and privacy practices, for telling your clients why their information is collected and how it is used and stored (including by your service providers, such as PolicyStream), for obtaining any consent required (including express consent for health information), for answering your clients' access and correction requests, and for deciding whether a privacy breach must be reported to a regulator or to your clients.
• Records. Keeping the records you are required to keep for as long as you are required to keep them. The Service is not a substitute for your record-retention obligations, and you should export your records regularly.
• Carrier and MGA rules. Complying with the terms of use of every carrier, MGA or other system you access, including any rules about automated entry of data.

You must not represent to anyone that PolicyStream has reviewed, approved or verified an application, recommendation or document.

4. Quotes, rates and carrier information

Premiums, product details, rate tables and other carrier information shown in the Service come from carriers and third-party data providers or are entered by users. They may be incomplete, delayed or wrong, and carriers may change rates, products and underwriting rules at any time. Quotes are estimates only. The carrier's own illustration, application, underwriting decision and policy contract always govern. Confirm pricing and eligibility with the carrier before presenting a final recommendation.

PolicyStream is independent. We are not affiliated with, endorsed by or acting for any insurer, MGA or data provider unless we say so in writing, and carrier names and trademarks are used only to describe compatibility. They belong to their owners.

5. Carrier forms and Autofill (beta)

We map carrier application questions into the Service and offer Autofill (beta), a convenience feature that enters your client's answers into carrier e-applications that you have opened in your own browser, at your direction. We try to keep the wording identical to each carrier's form and to detect when a carrier changes a question, but:

• carriers change their forms and systems without notice, and we cannot guarantee that any form, question, answer mapping or change-detection is current, complete or correct;
• Autofill (beta) is provided "as is", and may contain errors, fill the wrong field, skip fields, or stop working for some or all carriers;
• Autofill only enters information into forms you have opened. It never submits an application; you decide whether and when anything is submitted; and
• you must review every page and every field of the carrier application against what your client told you before submitting it.

Using Autofill does not make PolicyStream a party to your relationship with the carrier, and it is your responsibility to make sure that automated entry is allowed by the carrier's terms. You are responsible for any application you submit, whether or not Autofill was used. Autofill keys give access to client answers: keep them secret, and revoke a key immediately if a device is lost. We may change, limit or discontinue Autofill, or support for any carrier, at any time.

6. Compliance documents and e-signatures

The Service includes standard wording for documents such as letters of engagement, disclosures, privacy consents, needs analysis, reasons why and replacement acknowledgements. This wording is a starting point only. It is not legal advice and may not meet the requirements of your province, your MGA or a particular carrier. You are responsible for reviewing and approving all wording you use, and for any changes you make to it.

Electronic signatures. The Service records electronic signatures made by ticking a consent box and typing a full name, together with related evidence (such as time, IP address, browser information and a fingerprint of the exact document signed). Laws such as Alberta's Electronic Transactions Act and similar laws in other provinces generally recognize electronic signatures and records when the signer consents to use them and the method reliably identifies the signer and the document. However, a carrier, MGA or law may require a different method for some documents (for example, certain beneficiary designations, trust documents or carrier-specific forms). You are responsible for confirming that electronic signatures and electronic delivery are acceptable for each purpose, for verifying the identity of each signer, and for obtaining your client's consent to electronic documents where required.

7. Client data and privacy

"Client Data" means the personal information and other content you, your users or your clients enter into or upload to the Service. As between you and us, you control Client Data and are responsible for its collection, accuracy and lawful use. We process Client Data as your service provider, on your behalf and only on your documented instructions (which include these Terms and your use of the Service's features), to provide, secure, support and improve the Service. Schedule A sets out our commitments in detail. We do not sell Client Data, use it for advertising, or use it to contact your clients for our own purposes.

Client Data is stored in Canada. We use safeguards appropriate to the sensitivity of the information, including health information, and will notify the account owner without undue delay if we become aware of a breach of security safeguards affecting your Client Data, as described in Schedule A. You are responsible for any notification to your clients or regulators that the law requires of you; we will help you with the information we have.

We may create de-identified, aggregated data from use of the Service (for example, feature usage counts) that does not identify you, your clients or any individual and is not reasonably capable of being re-identified, and use it to operate and improve the Service.

8. Accounts and security

You must give accurate account information, keep your credentials and second factor secure, not share logins, and make sure each user has their own account. Two-step sign-in is optional and recommended for every user, and required for owners and admins of accounts with two or more people. You are responsible for everything done under your account. Tell us immediately at support@policystream.ca if you suspect unauthorized access. Account owners control which users can access which client files and are responsible for removing access, and revoking Autofill keys, when a user leaves.

9. Acceptable use

You will not: use the Service for anyone other than your own clients and business; upload information you have no right to collect; upload malware; attempt to access other accounts or our systems without authorization; probe, scan or test vulnerabilities without our written permission (please report suspected vulnerabilities to us instead); reverse engineer or copy the Service; resell or sublicense it; use it to build a competing product; interfere with its operation or overload it; share client links or Autofill keys with anyone who shouldn't have them; or use it for anything unlawful, fraudulent, discriminatory or misleading.

10. Emails sent through the Service

The Service sends emails to your clients on your behalf when you ask it to (for example, application links, signing links, verification codes and reminders). These messages identify you and your brokerage. You are the sender for the purposes of Canada's anti-spam legislation (CASL) and are responsible for making sure each message is permitted, for example because your client asked for it or it relates to a transaction they requested. Do not use the Service to send commercial electronic messages (such as promotions) without the consent CASL requires.

We send you service messages about your account, security, billing and changes to these Terms; you can't opt out of these while you have an account. We send product news and offers only with your consent, which may be implied by our business relationship where CASL allows; every such email has an unsubscribe link, and we act on unsubscribe requests within 10 business days.

11. Trials, subscriptions and billing

Trial. A free trial lasts 14 days unless we tell you otherwise. No payment card is needed to start. At the end of the trial, sign-in to the account is locked until you choose a paid plan (client links already sent keep working). We keep a locked trial account's data for 90 days, after which we may close the account and delete its data as described in section 18.

Subscription. Paid plans are billed in Canadian dollars, in advance, monthly or annually, for the plan and number of advisors you select. Subscriptions renew automatically at the end of each billing period until cancelled. Applicable taxes (such as GST/HST and PST) are extra and are shown on your invoice. Brokerage plans are billed per active advisor; changes to the number of advisors are prorated by whole calendar month, never by the day.

Payment. You authorize us and our payment processor to charge your payment method for all fees when due. If a payment fails, we will retry and notify the account owner. You keep full access for 14 days after the due date. If payment is still outstanding after that, we will lock sign-in to the account for all of its users until the balance is paid. While sign-in is locked, the rest of the Service continues to run for your clients: links already sent can still be completed, answers and signatures are saved to your account, and emails are sent as normal. While an account is locked, we keep its data for 90 days from the date it was locked, and the account owner may ask us by email for an export of their client records. If the balance is still unpaid at the end of that period, we may close the account and delete its data as described in section 18. We will email the account owner before deletion.

Changes and refunds. We may change prices on at least 30 days' notice, effective at your next renewal. You may cancel at any time; cancellation takes effect at the end of the current paid period. Fees already paid are non-refundable except where required by law or where we terminate without cause, in which case we refund the unused prepaid fees.

12. Ownership

You own your Client Data and your own content, and you grant us a limited licence to host, copy, process and display it only as needed to provide the Service and as set out in Schedule A. We own the Service, including software, forms, mappings, templates, designs and documentation, and all improvements to them. If you send us feedback or suggestions, we may use them without obligation to you.

13. Third-party services

The Service relies on and connects to third-party services, such as hosting, email delivery, payment processing, quote data and carrier websites. Our current service providers that handle personal information are listed in Schedule A and in the Privacy Policy. We are not responsible for third-party services outside our control, their availability or their changes, and your use of carrier and MGA systems is governed by their own terms.

14. Availability and changes

We aim to keep the Service available and to give notice of planned maintenance, but we do not guarantee uninterrupted or error-free operation unless we agree to a service level in writing. We may add, change or remove features. If we remove a core feature you pay for, we will give reasonable notice where practical.

15. Disclaimers

To the maximum extent permitted by law, the Service, including all quotes, calculations, forms, mappings, templates, Autofill (beta) and other output, is provided "as is" and "as available", without warranties or conditions of any kind, express or implied, including merchantability, fitness for a particular purpose, accuracy, non-infringement, or that the Service will meet regulatory requirements applicable to you.

16. Limitation of liability

To the maximum extent permitted by law, PolicyStream and its directors, officers, employees and suppliers will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, commissions, business, goodwill or data, however caused.

Without limiting the above, PolicyStream is not liable for any loss arising from: advice or recommendations given by you; the content of any application, answer or document; any underwriting, rating, decline, rescission or claim decision by an insurer; chargebacks or reversed commissions; regulatory findings, fines or discipline; or any error in a quote, form mapping, calculation, template or Autofill entry that you did not detect before relying on it.

Our total liability for all claims relating to the Service or these Terms is limited to the fees you paid us for the Service in the 12 months before the event giving rise to the claim, or CAD $100 if you have paid nothing.

Some jurisdictions do not allow certain limitations, so some of these may not apply to you to the extent prohibited by law. Nothing in these Terms limits liability that cannot be limited by law.

17. Indemnity

You will defend, indemnify and hold harmless PolicyStream and its directors, officers, employees and suppliers from any claim, demand, investigation, loss, penalty or expense (including reasonable legal fees) brought by a client, insurer, MGA, regulator or other third party arising from: your advice, recommendations or dealings with clients; applications or documents you prepared, reviewed or submitted; your Client Data or your lack of authority, notice or consent to collect or use it; messages you sent through the Service; your breach of these Terms or of any law or regulatory requirement; or the acts of anyone using your account.

18. Suspension and termination

You may close your account at any time. We may suspend or terminate your access immediately if you breach these Terms, fail to pay, lose your licence, create a security or legal risk, or if required by law; otherwise we may terminate on 30 days' notice. After closure or termination, you have 30 days to export your Client Data (for accounts locked for non-payment or at the end of a trial, the 90-day period in section 11 applies instead). We then delete it from active systems within 90 days (and from backups as they expire on their normal cycle), unless the law requires us to keep it. Sections 2 to 7, 10, 12 and 15 to 19 and Schedule A (for as long as we hold any Client Data) survive termination.

19. General

Changes to these Terms. We may update these Terms. For material changes, we will notify account owners at least 30 days in advance by email or in the Service, and ask users to accept the new version in the Service. If you don't agree to a change, you may cancel before it takes effect and we will refund any unused prepaid fees. Continued use after the effective date means you accept the updated Terms. Each version is dated and numbered at the top of this page.

Governing law. These Terms are governed by the laws of the Province of Alberta and the federal laws of Canada that apply there. The courts of Alberta, sitting in Calgary, have exclusive jurisdiction.

Notices. We send notices to the account owner's email address; you send notices to us at the address below. Email notices are received when sent, unless we learn they weren't delivered.

Other. These Terms (including Schedule A) and the Privacy Policy are the entire agreement between us about the Service and replace any prior understanding. If there is a conflict about Client Data, Schedule A governs. If any part is unenforceable, the rest remains in effect. Our failure to enforce a right is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition or sale of assets, under equivalent protections for Client Data. Neither party is liable for delays caused by events beyond its reasonable control. The parties have requested that these Terms and related documents be drawn up in English. Les parties ont exigé que le présent contrat et les documents connexes soient rédigés en anglais.

Complaints. If you have a complaint about the Service or how we handle personal information, email us at support@policystream.ca. We will acknowledge it and give you a written response within 30 days. If you are not satisfied with our response on a privacy matter, you may contact the Office of the Privacy Commissioner of Canada or your provincial privacy commissioner. Complaints from your clients about your advice or products go to you, your MGA and the insurer.

Contact. Policy Stream Inc., Calgary, Alberta, Canada. support@policystream.ca.

Schedule A: Data processing terms

This Schedule applies to Client Data we handle for you. You are the organization in control of Client Data and accountable for it under the Personal Information Protection and Electronic Documents Act (PIPEDA) and provincial private-sector privacy laws (such as Alberta's and British Columbia's Personal Information Protection Act). We are your service provider.

1. Instructions and confidentiality. We handle Client Data only to provide the Service to you, on your instructions (these Terms, your settings and your use of the Service), or where the law requires it. Only personnel who need access can reach Client Data; they are bound by confidentiality, and production access is protected by multi-factor authentication and logged.
2. Safeguards and location. We use safeguards appropriate to the sensitivity of Client Data (which may include health and financial information), including encryption in transit and at rest, database-enforced separation between accounts, audit logging and backups. Client Data, files and backups are stored in Canada (AWS Canada Central).
3. Sub-processors. You authorize the providers below, each bound by written confidentiality and security obligations; we remain responsible for them and will give account owners 30 days' notice before adding one that handles Client Data.

   Provider	What it does	Location
   Amazon Web Services	Hosting, database, file storage, backups, sign-in and email delivery (Amazon SES)	Canada (Central)
   Helcim	Subscription payments (when billing is enabled); billing details only, never Client Data	Canada
   Compulife	Quote data (when enabled); quote inputs only (age, sex, smoker status, province, amount, term), never names or contact details	Canada / United States

4. Breaches. We keep a record of every breach of security safeguards involving Client Data for at least 24 months. If one affects your Client Data, we notify the account owner without undue delay with what we know (what happened, what information, what we have done), and help you decide whether you must report it to the Privacy Commissioner of Canada, a provincial commissioner (reporting is mandatory in Alberta) or your clients.
5. Requests, return and deletion. We refer client access or correction requests to you and help you answer them. You can export Client Data at any time while you can sign in; at the end we delete it as described in section 18. On reasonable request we answer security and privacy questionnaires from you, your MGA or your regulator.