Updated : February 5, 2024
TERMS AND CONDITIONS
Welcome to UnPolicy LifeShare, Inc. (“UnPolicy”), a software-as-a-service (SaaS) platform that provides mutual aid support for members through virtual peer-to-peer communities. Please read these terms and conditions carefully, as they govern your use of the UnPolicy platform and services. By accessing or using UnPolicy, you agree to be bound by these terms and conditions. If you do not agree to these terms and conditions, do not use the UnPolicy platform.
References to “Member” and/or “you” in these Terms means you, your duly authorized representatives, and any entity you may represent in connection with your use of the Services. Any reference made in these Terms to “UnPolicy” shall be deemed to have been made to UnPolicy LifeShare, Inc., its successors, assignees, and U.S. subsidiaries and affiliates, as well as any company that controls UnPolicy, directly or indirectly.
Not all of the products or services described on the website are available in all areas of the United States and you may not be eligible for them. We reserve the right to determine eligibility. By accessing or using our Services, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree to these Terms, which incorporates the Privacy Policy by reference, please do not access or otherwise use our Services or any information contained herein.
1. Acceptance of Terms
By using the UnPolicy platform, including but not limited to, downloading or accessing materials, you agree to be bound by these Terms and Conditions, as well as our Privacy Policy, which is incorporated herein by reference. UnPolicy may update or modify these Terms and Conditions at any time, without prior notice, and continued use of the platform constitutes acceptance of any such updates or modifications.
2. Platform Access and User Accounts
To access and use the UnPolicy platform, you must create a user account by providing accurate and complete information, including a valid email address and password. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account.
UnPolicy reserves the right to suspend or terminate your account and access to the platform at any time, for any reason, including but not limited to, violating these terms and conditions or misuse of the platform.
3. Accuracy of Information
a. Upon enrollment, Members confirm all information provided is true and correct to the best of their knowledge, including but not limited to, name, address, email address and payment information In the event that a Member provides information that is untrue, inaccurate, not current or incomplete or UnPolicy has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, UnPolicy reserves the right to suspend or terminate a Member’s access to UnPolicy, and to refuse any and all current or future access to the Service. Furthermore, UnPolicy may refuse death payments and Member’s beneficiaries waive all claims against UnPolicy.
4. Mutual-Aid Commitment and End-of-Life Payouts
a. Members recognize that UnPolicy is a peer-to-peer network of individuals and that the members remain liable for any and all end-of-life payouts. UnPolicy provides a peer-to-peer platform for members who have all agreed to make these payouts upon the death of a fellow member. Members recognize and understand that UnPolicy IS NOT AN INSURANCE COMPANY and cannot guarantee end-of-life payouts to the full amount requested upon joining. UnPolicy will do its utmost to collect and distribute the full amount requested, but members recognize that since the mutual aid payments are being made by fellow peers, UnPolicy can only distribute the funds it collects.
b. Nature of Financial Commitment: As a member of UnPolicy, you are not subject to fixed monthly premiums. Instead, your financial obligation consists solely of a one-time, mutual-aid payment upon the passing of another member within the community. This unique approach underlines the spirit of mutual support and community responsibility inherent in our platform.
c. Payment Calculation and Process: The amount of your mutual-aid payment is directly tied to the payout option you select at the time of enrolment:
A $100,000 payout selection requires a mutual-aid payment of $14 per community member’s death.
A $250,000 payout selection necessitates a mutual-aid payment of $32 per death.
These payments will be automatically billed to the credit card you provide during the enrollment process following the death of a fellow community member.
d. Payout in the Event of Death: In the event of your demise, or that of your registered spouse, your designated beneficiaries will receive the payout you have selected. This payout is aimed to be disbursed within 72 hours following the verification of death, thereby providing timely financial support to your family during a difficult time.
e. Automatic Billing Authorization: By enrolling in UnPolicy and selecting your desired payout amount, you authorize automatic billing of the corresponding mutual-aid payment to your provided credit card upon the notification of a member’s death within the community.
f. Member Responsibilities: It is your responsibility to ensure that your payment information remains up-to-date and that sufficient funds are available to meet your mutual-aid commitment. Failure to fulfill this obligation may result in suspension or termination of your membership and benefits under the UnPolicy platform.
g. Waiver of Claims by Beneficiaries: Beneficiaries of members who pass away waive the right to sue or claim damages against UnPolicy for mutual aid payments made in the past. This waiver includes any perceived loss of money paid in the past by members who exit or are removed for non-payment.
h. Impact of Cancellation on Eligibility: Cancellation of a UnPolicy membership affects the eligibility of associated members, including a spouse or sponsored individuals. Upon a member’s cancellation:
a) The member’s spouse or sponsored individuals lose eligibility for end-of-life payout payouts and other UnPolicy benefits.
b) No end-of-life payout will be made for a cancelled member, their spouse, or sponsored individuals.
i. Notification Responsibility: Members are responsible for informing their spouse and any sponsored individuals about their cancellation and its implications for benefit eligibility under UnPolicy.
j. Re-enrollment Possibility: Former members, their spouses, and sponsored individuals may re-enroll in UnPolicy, subject to current terms and conditions, including any applicable waiting periods or stipulations for new members.
k. Consideration Before Cancellation: Members should carefully consider cancellation implications, especially on their spouse and sponsored individuals’ eligibility. For queries, contact UnPolicy’s customer support at support@unpolicy.com before cancelling.
5. Activation Threshold for Payouts
a. General Threshold Requirement: The activation of end-of-life payouts within UnPolicy’s peer-to-peer network is dependent on achieving a certain threshold based on the total number of members. This threshold is crucial for ensuring the financial sustainability of the mutual aid system.
b. Claims Prior to Threshold Achievement: In the event of a claim for a payout arising before the network reaches the necessary threshold, UnPolicy will endeavor to fulfill the claim to the best of its ability, but the full payout amount may not be guaranteed due to the limited pool of available funds.
6. Recurring Credit/Debit Card Payments
a. Initial and Annual Membership Fee: You understand and agree that upon enrollment, a $25 membership fee will be charged to the credit or debit card you provide. This fee will be charged annually on the anniversary of your enrollment date.
b. Mutual-Aid Payment: In addition to the annual fee, UnPolicy will automatically charge your card for the mutual-aid payment amount selected upon enrollment, each time a fellow community member passes away.
c. The maximum number of mutual-aid payments will be two per calendar month. In the event more than two members pass away in one month, UnPolicy will rollover additional mutual-aid payments to a subsequent month.
d. Potential Fee Adjustments: UnPolicy reserves the right to modify the annual membership fee and/or mutual-aid payment amounts in the future. Any changes will be communicated to you with reasonable notice, and will only take effect after this notice period.
e. Authorization for Charges: By providing your payment information, you authorize UnPolicy to automatically charge the fees described. Ensure your payment details are current and funds are sufficient.
f. Cancellation of Recurring Payments and Membership: You may cancel these recurring payments by ending your membership with UnPolicy. Contact our customer experience team at support@unpolicy.com to cancel.
Note:
Cancellation impacts your eligibility and that of your spouse or sponsored individuals for UnPolicy benefits.
Refer to section 4h, 4i, and 4k for detailed implications of cancellation.
7. Age Requirements for Membership
a. Minimum Age Requirement: To be eligible for membership with UnPolicy, individuals must be at least 18 years of age. By applying for membership, you affirm that you are at least 18 years old, which is the legal age of majority in most jurisdictions. UnPolicy cannot accept membership applications from individuals under this age limit due to legal and contractual constraints.
b. Maximum Age Limit: UnPolicy has established a maximum age limit for new members, which is set at 65 years. This means that individuals must be under the age of 65 at the time of their application for membership. This age limit is in place to ensure the viability and sustainability of the mutual aid support provided by the platform. Once members reach the age of 65, they will no longer be eligible for end-of-life payouts. However, they may continue to make mutual-aid contributions or sponsor other families.
c. Verification of Age: Members may be required to provide proof of age as part of the membership application process. UnPolicy reserves the right to verify the age of applicants to ensure compliance with these age requirements.
8. Waiting Period for Member Eligibility
a. 90-Day Waiting Period: UnPolicy implements a mandatory waiting period of 90 days from the date of enrollment for new members. This waiting period is essential for ensuring the integrity and sustainability of our mutual aid support system.
b. Purpose of Waiting Period: The waiting period is intended to prevent abuse of the system and to allow sufficient time for UnPolicy to assess and validate new member applications. It also serves to establish a commitment from the member to the mutual aid community.
c. No Coverage During Waiting Period: It is important for new members to understand that they will not be eligible for any end-of-life payouts under the UnPolicy platform during this 90-day waiting period.
e. Notification and Acknowledgment: Upon joining UnPolicy, members will receive a notification regarding the start and end dates of their waiting period. By continuing with the enrollment process, members acknowledge and agree to this 90-day waiting period as a condition of their membership.
9. Declining Payments
a. Members have the right to decline making a mutual aid payment in any given month. Member must contact UnPolicy in writing within thirty (30) days prior to the beginning of the following month. Member may make this request up to two (2) consecutive months. If a Member declines payment three (3) times in a calendar year, or if a Member’s credit card is declined two (2) consecutive months, UnPolicy reserves the right to remove the Member from the community without notice.
10. Use of the Platform and Restrictions
a. UnPolicy grants you a limited, non-exclusive, non-transferable, revocable license to use the platform and its services for your personal, non-commercial use, subject to these terms and conditions.
b. You agree not to use the platform for any unlawful or prohibited purpose, or in any manner that could damage, disable, overburden, or impair the platform or its services.
c. You agree not to reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, or underlying ideas of the platform, or to obtain unauthorized access to the platform or its services.
d. You may not sublicense, sell, rent, lease, or otherwise transfer your rights to use the platform or its services without the prior written consent of UnPolicy.
11. Intellectual Property Rights
a. All content on the UnPolicy platform, including but not limited to text, graphics, logos, images, and software, is the property of UnPolicy or its content suppliers and protected by international copyright, trademark, and other intellectual property laws.
b. Members may submit content or materials to the platform, and by doing so, you grant UnPolicy a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the content or materials in connection with the platform and UnPolicy’s business. You represent and warrant that you have all necessary rights to grant the licenses in this section.
12. HIPAA & Access to Medical Records for Verification
a. By agreeing to these Terms and Conditions, Members explicitly authorize UnPolicy to access their medical records for the purpose of verifying the validity of their claims upon sign-up and during the course of their membership.
b. Purpose of Access: The access to medical records is solely for the purpose of verifying the information provided by Members in relation to their claims and ensuring the accuracy and truthfulness of such claims.
c. Scope of Access: UnPolicy’s access to medical records will be limited to information that is directly relevant to the Member’s claims and will adhere to all applicable laws and regulations regarding privacy and data protection.
d. Privacy and Confidentiality: At all times, UnPolicy shall comply with all the rules and regulations under HIPAA, including those pertaining to the privacy and security of protected health information as defined under HIPAA.
e. Member’s Right to Revoke Consent: Members have the right to revoke this authorization at any time. However, revoking consent may affect the Member’s eligibility for certain benefits or services under UnPolicy’s platform.
f. Duration of Authorization: This authorization remains in effect as long as the Member is enrolled with UnPolicy and for a reasonable period thereafter, as necessary for the administration of the Member’s account.
13. Privacy
Any Registration Data and certain other information about you that UnPolicy obtains from you through use of the Site is subject to our Privacy Statement. For more information, see our full Privacy Statement.
14. Termination
UnPolicy reserves the right to terminate your access to and use of the platform and its services at any time, with or without cause or notice, for any reason, including but not limited to breach of these terms and conditions or any other policy or guideline governing the use of the platform. Upon termination of your access to the platform and its services, all rights and licenses granted to you under these terms and conditions will terminate immediately, and you shall cease all use of the platform and its services. UnPolicy shall not be liable to you or any third party for any termination of your access to the platform or its services.
14. International Users
UnPolicy is based in the United States, and the platform is designed for users within the United States. By using the platform and its services, you acknowledge and agree that any personal information you provide to UnPolicy may be transferred to and processed in the United States. If you are accessing the platform from outside the United States, you are responsible for ensuring compliance with local laws and regulations.
15. Third-Party Services
UnPolicy may provide links to third-party websites or services, including but not limited to, payment processors and other service providers. UnPolicy is not responsible for the content or operation of such websites or services and does not endorse or make any representation regarding them. By accessing or using any third-party websites or services, you do so at your own risk, and you acknowledge and agree that UnPolicy is not responsible or liable for any damages or losses you may suffer as a result of your use of such websites or services.
16. Intellectual Property Rights
The UnPolicy platform, its content, and any associated software are protected by copyright, trademark, patent, trade secret, and other intellectual property laws. UnPolicy grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the platform for your personal use, subject to these terms and conditions. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any content or information obtained from the platform, except as expressly permitted by these terms and conditions.
By using or accessing the Site or services, you do not acquire any rights or interest in any Materials. The only rights you can gain are those UnPolicy explicitly grants to you through these Terns and Conditions. UnPolicy reserves all rights that we do not expressly grant to you.
17. Warranty
UnPolicy provides the platform and its services on an “as is” and “as available” basis, without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. UnPolicy does not warrant that the platform will be error-free, uninterrupted, secure, or available at all times.
18. Reservation of Rights.
We reserve any rights not expressly granted herein. The failure of UnPolicy to enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision.
19. Limitation of Liability
IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL UNPOLICY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, GOODWILL, DATA, OR USE) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS, THE PLATFORM, OR THE SERVICES, WHETHER SUCH LIABILITY ARISES FROM CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND WHETHER OR NOT UNPOLICY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING OR USING ANY OF THE SITE AND/OR FOR USING THE SERVICE OR ANY PART THEREOF. IF YOU ARE DISSATISTIED WITH ANY ASPECT OF THE SITE AND/OR SERVICE, IF YOU DO NOT AGREE WITH ANY PROVISION OF THESE TERMS AND CONDITIONS, OR IF YOU HAVE ANY OTHER DISPUTE OR CLAIM, WITH OR AGAINST OUR ORGANIZATION WITH RESPECT TO THESE TERMS OF USE OF ANY OF THE SITE OR ANY PART OF THE SERVICE, THEN YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND/OR USING THE SITE AND/OR THE SERVICE.
20. Indemnity
You agree to defend, indemnify and hold harmless us, our affiliates, and our and their respective owners, officers, directors, employees, agents, and/or licensors, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your use of the Services; (ii) your violation of these Terms; (iii) your violation of any third-party right, including without limitation any copyright, property, publicity or privacy right; including all actions taken under your account; (iv) your violation of any applicable law; or (v) your negligence or willful misconduct. This defense, hold harmless and indemnification obligation will survive any termination of these Terms and your use of the Services.
21. Dispute Resolution
Upon the request of either UnPolicy or Member, any controversy or claim (whether such claim sounds in contract, tort or otherwise) arising out of or relating to this Agreement, or breach thereof, shall be settled by binding arbitration in accordance with STATUTE/STATE , and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator shall be selected from JAMS and the arbitration shall be conducted in accordance with JAMS’ current rules for streamlined arbitration. Notwithstanding any other provision of this Agreement, in the case of a dispute involving a claim for equitable relief, a court with equitable jurisdiction may grant temporary restraining orders and preliminary injunctions to preserve the status quo existing before the events which are the subject of the dispute. Any final equitable or other relief shall be ordered in the arbitration proceeding. Each Party shall pay an equal share of the fees and expenses of any arbitrator and any administrative fees of JAMS. Each party shall the fees of expenses of its own attorney(s) and witnesses.
22. Governing Law; Venue.
These Terms and your use of the Services are governed in all respects by the laws of the State of Delaware without giving effect to any principles of conflicts of laws. Any dispute concerning the Services or these Terms shall be subject to the exclusive venue of a court of competent jurisdiction in CITY, STATE.
23. Waiver
No waiver of any term or condition set forth in these terms and conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by UnPolicy to assert a right or provision under these terms and conditions shall not constitute a waiver of such right or provision.
24. Assignment
You may not assign or transfer your rights or obligations under these terms and conditions, by operation of law or otherwise, without UnPolicy’s prior written consent. Any attempt by you to assign or transfer your rights or obligations under these terms and conditions without such consent will be null and void. UnPolicy may assign or transfer its rights and obligations under these terms and conditions at any time without restriction and without notice to you. Subject to the foregoing, these Terms and Conditions shall be binding on and shall inure to the benefit of the Member and UnPolicy and their respective successors and assigns.
25. Contact Information
If you have any questions or concerns about these terms and conditions, the platform, or the services provided by UnPolicy, please contact us at the following email address: support@unpolicy.com. You may also contact UnPolicy at:
UNPOLICY, INC.
1901 AVENUE OF THE STARS, SUITE 1060
Los Angeles, CA 90067
Any notices or communications required or permitted under these terms and conditions shall be in writing and shall be deemed given when delivered personally, sent by certified mail, postage prepaid, or by email to the address on file with UnPolicy.
26. Feedback and Suggestions
UnPolicy welcomes your feedback and suggestions about the platform and its services. By submitting feedback, suggestions, or any other information to UnPolicy, you agree that UnPolicy is free to use such information for any purpose, without any obligation to you.
27. Third-Party Links and Services
The platform may contain links to third-party websites or services that are not owned or controlled by UnPolicy. UnPolicy has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. By using the platform, you acknowledge and agree that UnPolicy is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any content, goods, or services available on or through any third-party websites or services. You are encouraged to review the terms and conditions and privacy policies of any third-party websites or services that you visit.
28. Compliance with Laws
You are solely responsible for complying with all applicable laws, rules, ordinances, codes, and regulations in connection with your use of the platform and its services.
29. Export Controls
You agree to comply with all applicable export control laws and regulations, including the U.S. Export Administration Regulations and the sanctions programs administered by the U.S. Department of Treasury’s Office of Foreign Assets Control. You represent and warrant that you are not located in, under the control of, or a national or resident of any country to which the United States has embargoed goods or services, and you will not use the platform or its services for any purpose prohibited by applicable laws, rules, or regulations.
30. Changes to Terms and Conditions
By using the UnPolicy platform and its services, you agree to the terms and conditions set forth in this document, and you acknowledge that you have read and understood these terms and conditions. UnPolicy reserves the right to update or modify these terms and conditions at any time, and your continued use of the platform following any such changes constitutes your agreement to be bound by the updated terms and conditions. If any changes are made, UnPolicy will provide notice of such changes by posting the updated terms and conditions on the platform or by sending an email to your registered email address. It is your responsibility to regularly review these terms and conditions for any changes. Your continued use of the platform and its services following the posting of changes or receipt of notice will constitute your acceptance of such changes.
31. Headings
The headings in these Terms and Conditions are intended solely for convenience of reference and shall be given no effect in the construction or interpretation of these Terms and and Conditions.
32. Meaning of Certain Words
Wherever the context may require, any pronouns used in these Terms and Conditions shall include the corresponding masculine, feminine, or neutral forms, and the singular form of nouns shall include the plural and vice versa.
33. No Third-Party Beneficiary Rights
UnPolicy does not intend to confer and these Terms and Conditions shall not be construed to confer any rights and benefits to any person, firm, corporation or entity other than the Member and UnPolicy.
34. Entire Agreement
These Terms and Conditions, along with the Privacy Policy, represents the entire understanding and agreement between you and UnPolicy regarding the use of the platform and its’ services and supersedes any prior agreements, understandings or representations, whether oral or written, between you and UnPolicy.
35. Survival
All provisions of these terms and conditions which by their nature should survive termination, including without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability, shall survive termination of these terms and conditions or your use of the platform and its services.
36. Data Privacy and Security
UnPolicy is committed to protecting the privacy and security of your personal information. By using the platform, you agree to the collection, use, and disclosure of your personal information as set forth in UnPolicy’s Privacy Policy, which is incorporated into these terms and conditions by reference.
37. Updates to Terms and Conditions
UnPolicy reserves the right to update, modify or amend these terms and conditions at any time without prior notice. Your continued use of the platform after any such changes constitutes your acceptance of the updated terms and conditions. It is your responsibility to review these terms and conditions periodically for any updates or changes.
These Terms and Conditions, along with any other agreements, policies, or terms and conditions referenced herein or posted on the platform, constitute the entire agreement between you and UnPolicy with respect to your use of the platform and its services, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the platform and its services.
38. Force Majeure
a. UnPolicy shall not be liable for any failure or delay in performance of its obligations under these Terms and Conditions if such failure or delay is due to acts of God, war, terrorism, pandemic, strike, lockout, epidemic, fire, flood, earthquake, or any other cause beyond its reasonable control. In such cases, UnPolicy may, at its sole discretion, adjust the terms and conditions to reflect the impact of the force majeure event.
39. General
We reserve the right to discontinue or modify any aspect of the Services at any time without notice to you, unless notice is otherwise required under applicable law. We may take any measures to ensure your compliance with the Terms and Conditions. These Terms and Conditions, together with the Privacy Notice, and any other legal notices published by UnPolicy on the Services, shall constitute the entire agreement between us concerning the Services. If any provision of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under these not constitute a waiver of such right or provision.