Terms of Service

1. Who these terms are between

Blue Peak Studio (the “Service”) is operated by Nelson Alvarado, doing business as Blue Peak Studio (“we”, “us”). These terms are an agreement between us and the insurance agency that creates an account (“you”, the “Agency”). The person who creates the account confirms that they are at least 18 years old and are allowed to accept these terms for the Agency. The Service is for businesses, not for consumers.

By creating an account, or by using the Service, you accept these terms and our Privacy Policy. If you do not accept them, do not use the Service.

2. What the Service does, and what it does not do

You forward client emails to an address we give you. Software, including an artificial intelligence model provided by another company, reads each email, sorts it, and prepares a draft document for your staff to review: a draft certificate of insurance or a draft summary of a requested policy change. Nothing is sent to anyone until a person at your Agency reviews the draft, confirms the recipient, and approves it.

• We are not an insurance agency, broker, insurer, or adviser. We do not sell, bind, quote, change, or cancel insurance, and we do not give coverage, legal, or compliance advice.
• Drafts can be wrong. Automated reading of email makes mistakes: it can miss details, misread them, or include details that are not in the email. The policy details in a document are whatever your staff typed; we do not check them against any policy, carrier, or agency management system.
• Every document is labelled “(DRAFT)” and uses a generic layout. It is not an ACORD form and is not issued by, or on behalf of, any insurer. A certificate holder may not accept it.
• A certificate does not change coverage. Nothing produced by the Service amends, extends, or alters the coverage provided by any policy.

3. Your responsibilities

• A properly licensed professional at your Agency must review every draft before it is approved. You are solely responsible for the accuracy and legality of everything you approve and send, and for your Agency’s compliance with insurance law, licensing rules, carrier agreements, and record-keeping duties.
• You confirm the recipient of every email. We suggest an address from the email’s headers; you are responsible for where each document goes.
• You have the right to send us the emails and personal information you forward, and you have given your clients any notice the law requires.
• You keep your password and your forwarding address confidential. Anyone who has the forwarding address can place emails in your queue. You are responsible for what your team members do in your account.
• You will not use the Service to break the law, to send spam or misleading documents, to process information you have no right to process, to probe or disrupt the Service, or to build a competing product from it.

4. Subscription, free trial, and automatic renewal

• The Service is offered in the plans shown on our home page and on the Billing page: Starter at $99 per month or $990 per year, Agency at $199 per month or $1,990 per year, and Pro at $349 per month or $3,490 per year, for the whole Agency, plus any tax that applies. Plans differ in how many emails the Service reads each month, how many people can use the account, and how many mailboxes can be connected.
• Once a plan’s monthly number of emails has been read, emails that arrive after that are stored and shown but not read by the Service. The Service reads newly arriving emails again when the allowance starts again or after you change to a bigger plan. No extra charge applies. On a paid, active subscription the Agency owner may also use one free reset per monthly allowance once it has been used up; the count of emails read then starts again from zero. Resets are not available during the free trial and do not carry over to the next month.
• A new Agency may start one 14-day free trial of the plan it chooses. No payment card is needed to start it. During the trial the Service reads up to 100 emails. If the trial ends with no payment method on file, the subscription ends at that moment, nothing is charged, and the Service stops reading email until you subscribe. If you add a payment method before the trial ends, then unless you cancel before the trial ends, your card is charged the price of the plan you chose when the trial ends, and again every month or every year after that, as you chose, until you cancel.
• You can change plan from the Billing page. A change takes effect right away, and the next charge is adjusted for the part of the period already paid.
• You can cancel at any time, online, from the Billing page of your account (“Manage billing”). Cancelling stops all future charges.
• Payments are not refunded, except as required by law. See the Refund Policy.
• If a payment fails, we may keep the Service working for a short time while the payment is retried, and then suspend it. While an Agency has no active subscription, incoming email is stored but not read, and drafts cannot be edited or sent.
• We may change the price for future billing periods. We will tell the account owner by email at least 30 days before a new price applies; you may cancel before it does.
• Payments are processed by Stripe. We do not receive or store your card number.

5. Your data

The emails, attachments, and details you put into the Service remain yours. You give us permission to store and process them only to provide the Service to you. We do not sell them and we do not use them to train artificial intelligence models. How we handle personal information, how long we keep it, and how you can export or delete it are described in the Privacy Policy. The Service is not a system of record: keep your own copies of anything you are required to retain.

6. Availability and changes

We work to keep the Service available and secure, but we do not promise that it will be uninterrupted, error-free, or that email will always be received, read, or delivered. We may change or remove features. If we make a change that materially reduces what you are paying for, you may cancel.

7. No warranties

To the fullest extent the law allows, the Service and everything it produces are provided “as is” and “as available”, without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement. We do not warrant that any draft is correct, complete, or suitable for any purpose.

8. Limit of our liability

To the fullest extent the law allows: (a) we are not liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost business, lost data, or claims made against you by your clients, certificate holders, insurers, or regulators, arising from the Service or from any document you approve or send; and (b) our total liability for all claims relating to the Service is limited to the amount you paid us for the Service in the 12 months before the event that gave rise to the claim. Some laws do not allow some of these limits; where that is so, they apply only as far as the law permits.

9. Claims arising from your use

You will defend us and cover our losses and reasonable legal costs for any claim by someone else that arises from a document you approved or sent, from information you forwarded to the Service, or from your breach of these terms or of the law.

10. Ending the agreement

You may stop using the Service and delete your Agency at any time from Settings; deleting it cancels the subscription and permanently removes your data, as described in the Privacy Policy. We may suspend or close an account that breaks these terms, that is used unlawfully, or that puts the Service or other people at risk, and we may stop offering the Service with 30 days’ notice. Sections 2, 3, 5, and 7 to 11 continue to apply after the agreement ends.

11. General

• These terms are governed by the laws of California, without regard to its conflict-of-law rules. Any dispute will be brought in the state or federal courts located in California, and both of us accept the jurisdiction of those courts.
• We may update these terms. If a change is material we will tell the account owner by email or in the Service before it takes effect. Continuing to use the Service after that means you accept the updated terms.
• These terms, the Privacy Policy, and the Refund Policy are the whole agreement between us about the Service. If part of them cannot be enforced, the rest still applies. You may not transfer this agreement without our consent.

Contact