Terms of Service

These terms govern the use of the Ninety Out website and the services provided by Ninety Out ("Ninety Out", "we", "us"). By using the website, requesting sample renewals, or signing an order for services, you ("you", the "client") agree to them.

1. What we provide

Ninety Out is a business to business service for licensed insurance brokers and agencies in the United States. Depending on your order, we provide one or more of the following:

• Renewal intelligence. Information about employer group insurance plans compiled from publicly available regulatory filings and other lawful sources, including reported carriers, reported policy periods, participant counts and the agencies reported on those policies.
• Managed outreach. Email and professional network outreach to employer decision makers, sent by us on your behalf and in your name, using templates you approve in writing.
• Meeting booking. Scheduling of first meetings between you and employer decision makers, delivered to your calendar with a meeting brief.

2. Qualified meetings

Unless your order says otherwise, a qualified meeting means all of the following: the attendee is a decision maker or direct influencer for the employer's benefits (for example an owner, HR director, VP of People, CFO or controller); the employer has between 100 and 500 people on its medical plan as confirmed during qualification; the renewal month has been confirmed; and the meeting was held. Meetings that are not held are rebooked and are not counted. Meeting targets in an order are targets, not guarantees, and depend on the measured size of your territory.

3. Territory

Where your order grants territory exclusivity, we will not run managed outreach for a competing broker in the same territory for the term of the order. Exclusivity is per state, or per metropolitan area in Texas, California, New York and Florida, as written in your order. Exclusivity covers managed outreach; it does not restrict the information we may make available to non competing parties such as insurance carriers, and does not apply to territories you have not ordered.

4. Your responsibilities

• You approve every outreach template before it is sent. Sending in your name requires your written approval of the wording, and you are responsible for the accuracy of statements about your own agency and services.
• You give us a list of your existing accounts so we can suppress them, and you keep it current. We are not responsible for contact with an account you did not tell us about.
• You hold the licenses required to sell the insurance you market and you comply with the laws that apply to your business.
• You tell us promptly of any recipient who asks not to be contacted, and you do not contact anyone who has opted out through us.

5. Use of the information

Renewal intelligence and contact information we provide is licensed to you for your own prospecting during the term of your order. You may not resell it, share it with other agencies, publish it, or use it to build a competing database. Contact records we supply may not be added to a mailing list that ignores opt outs. You may keep information about employers you have met with or quoted.

6. Fees and payment

Fees are stated in your order. Pilot fees are payable in advance. Monthly retainers are payable in advance each month and continue until either party ends the order with 30 days' written notice. Fees are not refundable except where this agreement says so or the law requires it. Amounts unpaid 15 days after the due date may pause services.

7. Accuracy of information

The information we provide comes from filings and records prepared by third parties and reflects what was reported at the time of filing. Reports can be late, amended or wrong, and an employer's circumstances can change after a filing. We apply freshness and consistency rules and label what we cannot confirm, but we do not warrant that any carrier, renewal date, participant count or agency is current or correct. You should confirm details with the employer before relying on them.

8. Compliance of outreach

We send commercial email in compliance with the CAN-SPAM Act: a truthful sender, a truthful subject, a valid postal address, and an unsubscribe method honored within ten business days. We keep suppression lists across all clients. We do not send to Canada or outside the United States. You may not ask us to send content that is misleading, that names a data source we have agreed to keep confidential, or that makes claims about an employer's plan that are not supported by the information provided.

9. Confidentiality

Each party keeps the other's non public business information confidential and uses it only for this agreement. Your account list, pricing and results are confidential to you. Our methods, sources, rules and pricing to other clients are confidential to us. This does not cover information that is public, already known, or independently developed, or that must be disclosed by law.

10. Disclaimer and limitation of liability

Services are provided as is. To the fullest extent the law allows, we disclaim implied warranties, including merchantability, fitness for a particular purpose and non infringement. We are not liable for indirect, incidental, special or consequential damages, or for lost profits, commissions or business, arising from the services or the information provided. Our total liability under this agreement is limited to the fees you paid us in the three months before the claim arose.

11. Term and termination

An order starts on the date in the order and runs for the pilot period or month to month as stated. Either party may end an order on 30 days' written notice, or immediately if the other party breaches these terms and does not fix the breach within ten days of notice. On termination you stop using information we provided, except as section 5 allows, and we stop outreach in your name.

12. Website

The website is offered for information and to request sample renewals. Do not use it to submit information you are not entitled to share, to probe or disrupt the site, or to scrape its contents. Sample renewals sent in response to a request are for the requesting agency only.

13. General

These terms and your order are the entire agreement between us for the services. If the order and these terms conflict, the order controls. We may update these terms by posting a new version with a new date; changes apply to orders made after the change. These terms are governed by the laws of the United States and of the state in which Ninety Out is organized, without regard to conflict of law rules, and any dispute will be brought in the state or federal courts located in that state. Before filing, each party agrees to try in good faith to resolve the dispute by discussion for 30 days. If any part of these terms is unenforceable, the rest remains in effect.

14. Contact

Ninety Out. Email hello@ninetyout.com. We reply from that address and include our mailing address in every commercial email we send.