Terms of use

Terms of use

Version 0.8 – 07.04.2021

1. GENERAL CONDITIONS
   1. Cachet.me is an online data exchange environment that provides services to insurance intermediaries, insurers and financial service providers (hereinafter the platform).
   2. The platform manages the user accounts of the persons who created the account (hereinafter users) and collects data on the activity of the use of the object of insurance or financial services.
   3. Cachet OÜ, address Tatari 64, Tallinn 10134, Estonia, registry code 14560702 (hereinafter Cachet.me) is the owner and administrator of the platform.
   4. Cachet.me is not an insurance intermediary, insurer or financial service provider. Cachet.me is also not a distributor of insurance services. Cachet.me manages a platform where users can purchase services from insurance intermediaries, insurers and financial service providers registered on the platform.
   5. These Terms of Use do not regulate the marketing of insurance intermediation and insurance contracts, the conclusion and performance of contracts, including the payment of insurance premiums, termination and cancellation of insurance contracts. Also the conditions applicable to the dispute settlement procedure between the purchaser of the insurance, the insurance intermediary and the insurer. The terms and conditions of the insurance intermediary and the insurer are referred to on the platform next to the respective insurance offer. Nor do these terms of use govern the terms and conditions for the provision of financial services.
   6. The user must have a user account to access and use the platform. By creating a user account, the user must agree to these terms of use. By creating a user account and agreeing to the terms of use, an agreement has been concluded between the user and Cachet.me on the use of the information society service.
   7. If the user does not agree with the terms of use or their changes, he is not entitled to use the platform and undertakes to immediately stop using the platform.
2. USE OF THE PLATFORM
   1. The platform shall allow users to initiate the transfer of data on the activity of use of an insurance or financial service object from service providers (e.g. car-sharing platforms). Cachet.me’s ability to aggregate such data depends on the agreements that Cachet.me has entered into with the service providers (the corresponding list has been made available on the platform). The transfer of activity data means that the user initiates the transfer of data on the platform by selecting a service provider that has collected data on him or his insurance or financial service object (eg a vehicle). When transferring data, the usage data of the object is stored on the platform and the user can request offers from insurance intermediaries, insurers and financial service providers registered on the platform.
   2. The platform shall also allow the storage of the user’s purchase history of insurance and financial products. In this case, the platform acts as an information society service, allowing the deposit of insurance policies and contracts purchased through the platform from insurance intermediaries, insurers or financial service providers.
   3. By creating a user account on the platform, the user confirms that all information and confirmations provided by him are true – he is a person with full legal capacity (at least 18 years old) or has all the rights and powers to order services on behalf of the user. The above statements are assumed to be true and Cachet.me does not verify their accuracy.
   4. The platform may be used to the extent and for the purposes for which it was created. The user undertakes to use the platform in accordance with these terms of use and the platform’s instruction materials.
   5. The user undertakes to immediately notify Cachet.me of any misuse of the user account, loss of the password or possession of it by third parties. In this case, Cachet.me will make every reasonable effort to update the password, restrict access to the user account or remove it.
3. USER SUPPORT AND MAINTENANCE
   1. The time for providing platform services is 24/7.
   2. To communicate with support, the user can write to support@cachet.me. The helpdesk is available on weekdays from 9:00 to 17:00 local time.
   3. Cachet.me will endeavour to answer all questions received by customer support within a reasonable time, but does not guarantee that the questions will be answered within a certain time or that the questions will be answered to the satisfaction of the requester. Requests from users related to the rights arising from personal data will be processed in accordance with the conditions set out in the personal data processing notice (link).
   4. Cachet.me may optimize and further develop the platform. If significant changes are made to the platform, Cachet.me will notify users in a timely manner.
   5. If the use of the platform is disrupted due to a failure or security risk, Cachet.me will make every reasonable effort to rectify the failure as soon as possible, but no later than 48 hours after the discovery of the error.
   6. Cachet.me reserves the right to temporarily (for no longer than 30 minutes) restrict access to the platform outside normal business hours if necessary for maintenance, development or upgrades. In exceptional cases where the restriction of access must be longer than 30 minutes, users shall be notified in advance.
4. FEES
   1. The platform shall allow users to make payments using electronic payment solutions. Cachet.me is a commercial agent that allows insurance intermediaries, insurers and financial service providers to collect payments from the purchaser of the service. It is also possible to invoice service buyers through the platform.
   2. By using the platform, the user accepts that the invoices transmitted to him are in electronic form and he does not receive paper invoices.
   3. Cachet.me has the right to charge users for the use of the platform, the amount and terms of payment of which will be published on the platform. This fee is not a fee for insurance mediation or an insurance premium paid to the insurer. It is also not a financial service charge. Cachet.me reserves the right to change the fees by notifying the users of the fee changes within a reasonable time. Failure by the user to pay the fee may result in termination of the user agreement and / or closure of the user account, which, however, does not release the user from the obligation to pay the fee in full in accordance with the user agreement for using the platform.
   4. Fees for the use of the platform shall not be considered as any advance payment or deposit, such fees shall not entitle the user to set-off, including to cover insurance premiums or financial services debt (s), and in any case, including termination by policyholder, insurer or financial service provider. Cachet.me is not obliged to refund the fees paid for the use of the platform.
   5. The user is aware that Cachet.me uses different service providers to process payments and that the respective service is provided in accordance with the terms and conditions of the payment service provider. The selection of service providers is published on the platform under the respective function.
5. INTELLECTUAL PROPERTY
   1. Cachet.me grants the user a non-exclusive, non-assignable, limited license to use the functionality of the platform. The user may use the platform only to the extent specified in the terms of use. The user may not share data and content with Cachet.me’s competitors and may not grant access to Cachet.me’s services to third parties. You may not use Cachet.me’s intellectual property rights for your own business or allow Cachet.me’s intellectual property rights to be accessed by any third party for use in the third party’s business, including any commercial or manufacturing activities.
   2. Cachet.me owns all intellectual property rights in the platform including any software, source code, design, database, specifications, manuals, domains, trademarks, trade names. You are not entitled to the Cachet.me trademarks under these Terms of Use and may not indicate that you are a licensee or owner of the Cachet.me trademarks.
   3. The platform may contain links or links to third party websites. Cachet.me has no control over such third party websites, nor does it control or monitor the content of the websites linked to by Cachet.me. Cachet.me is not responsible for the accuracy, reliability or data security of third party websites.
6. CONFIDENTIALITY
   1. Any data transmitted to the platform by users and data collected through the platform (e.g. from sharing economy platforms) shall be confidential. Cachet.me may share data with third parties (including insurance intermediaries, insurers, financial service providers and sharing economy platforms) if this is necessary for the user to purchase the selected product.
   2. The user agrees that the information that the user uses the platform is not confidential information and Cachet.me may use this information in promotional materials, so does the user.
7. REMEDIES
   1. If the user violates these terms of use, the platform manuals or the law, Cachet-me has the right to:
      1. demand that the infringement be brought to an end and that the user’s activities be brought into conformity with the conditions of use, instructions or the law;
      2. temporarily restrict the user’s access to the platform or parts thereof, including temporarily closing the user account;
   2. If the user repeatedly violates the terms or the violation is significant, Cachet.me has the right to:
      1. permanently prohibit the user from using part of the respective platform or services, including deleting the user account;
      2. terminate the Platform Use Agreement without notice.
8. TERMINATION
   1. The user has the right to cancel the user agreement at any time for any reason by notifying Cachet.me by e-mail or by deleting the account on the platform.
   2. Cachet.me has the right to cancel the user agreement at any time for any reason by notifying the user by e-mail or via the platform 30 days before the end of the user agreement.
   3. Cachet.me has the right to terminate the user agreement immediately without prior notice if:
      1. the user has provided false information about himself / herself;
      2. the user has not used the platform for at least three consecutive years;
      3. the person using the platform on behalf of the user has no right of representation to act on behalf of the user;
      4. the user otherwise violates the terms of use.
   4. The right of cancellation provided for in this Chapter shall not apply to the cancellation of insurance intermediation contracts, insurance contracts and financial services contracts.
9. LIABILITY
   1. The platform is made available to the user on an “as is” and “as available” basis, which means that Cachet.me does not make any further promises to the user and undertakes no obligation to modify or further develop the platform. Cachet.me does not make any representations that the platform meets the needs of the user and / or that it is constantly accessible, uninterrupted, up-to-date, secure and / or error-free. Cachet.me is not responsible and / or is not otherwise responsible for any failures and / or delays in updating servers and / or content.
   2. Cachet.me makes no representations or warranties regarding the suitability, reliability, availability, timeliness, security or accuracy of the platform, and all services and content are provided on an “as is” basis without any warranty or condition. Cachet.me makes no warranties or conditions, express or implied, including any implied warranties or conditions with respect to fitness for a particular purpose, ownership or breach. Cachet.me is not liable for any damage or alteration that may occur resulting from:
      1. the platform not working or working inadequately in some web browsers;
      2. misunderstandings or disputes between the user, insurance intermediaries, insurers or a financial service provider;
      3. changes in legislation and its interpretation, its implications for users and the reflection of such changes on the platform;
      4. force majeure and other errors or disturbances beyond control of Cachet.me that prevent the use of the platform;
      5. errors, damage or unsuitable settings for the platform on the user’s equipment;
      6. delays, interruptions or failures in the use of the platform due to maintenance or development work;
      7. processing of data by third parties (incl. Insurance intermediaries, insurers and financial service providers) to whom Cachet.me has transmitted the data with the consent of the user;
      8. failures and deficiencies in third party systems that affect the operation and availability of the platform;
      9. loss of the user account password or access by unauthorized persons or use by third parties;
   3. To the maximum extent permitted by law, neither party shall be liable for loss of income, economic damage or non-pecuniary damage, as well as for other indirect damages. In the event of any liability, Cachet.me’s total liability is limited to EUR 500.
   4. Cachet.me shall not be liable for any infringements committed through the platform, whether or not they are authorized to use the user account.
   5. Cachet.me is not responsible for delay of the service ordered by the user on the platform and the damages caused to the user.
   6. Although Cachet.me has taken all reasonable steps to ensure a fast and reliable service, Cachet.me does not warrant that use of the platform will be free from errors or interruptions and that Cachet.me will not be liable for any disruption, loss of or damage to materials or other computer systems. for loss of or damage to downloaded material or information.
   7. Cachet.me may transfer the rights arising from these terms of use to third parties or subcontract the obligations arising from these terms of use. The user may not transfer any rights arising from these terms of use to third parties or transfer the obligations arising from the terms of use without the consent of Cachet.me.
   8. Cachet.me may unilaterally change the terms of use at any time by posting changes on the platform. Cachet.me will notify you of significant changes to the terms of use on the platform and by email at least 14 days before the changes take effect. If the user does not agree with the changes, he has the right to cancel the user agreement before the changes take effect. If the user continues to use the platform after the changes take effect, he is deemed to have agreed to the respective changes to the terms of use.
   9. Force majeure – neither party shall be liable for a delay or failure to comply if caused by war, sabotage, natural disaster, interruption of electrical, internet or communication communications not caused by the obligated party. Each Party shall make reasonable efforts to mitigate the consequences of force majeure.
10. INFORMATION SYSTEM VULNERABILITY REWARD PROGRAM
    1. Cachet.me acknowledges the work independent security researchers do by flagging vulnerabilities Cachet.me might not be aware of. Therefore we have put in place a reward program. Please inform us of information system vulnerabilities as quickly as possible. Please do not test information systems with actual user data. For the identified vulnerabilities, we will award a sum of money according to the Cachet Bug Bounty Program. If you need any further information about Cachet Bug Bounty program please send an email to datasecurity@cachet.me