Terms of Service

1. Overview

These Terms of Service ("Terms") govern your access to and use of Customer Value Calculator, also marketed as "Agent Profit Calculator" (the "Service"). The Service is operated by Agent Profit Calculator, LLC ("Company", "we", "us"). By accessing or using the Service, you agree to these Terms.

2. Business Use; Eligibility

You represent that you are at least 18 years old and are using the Service for business purposes. You are responsible for your account, including the acts of anyone who accesses it.

3. Important Definitions

• PII (Personally Identifiable Information): any information that identifies or can reasonably identify a natural person (e.g., name + policy number, email, phone, driver's license, SSN, DOB, address).
• NPI (Nonpublic Personal Information) under GLBA: personally identifiable financial information provided by a consumer to obtain an insurance or financial product, or resulting from a transaction or service (e.g., policy, claim, account, or payment information).
• Trade Secret / Confidential Carrier Materials: non-public information that derives independent economic value from not being generally known, including but not limited to carrier rating algorithms, scorecards, bonus formulas, underwriting manuals/guidelines, proprietary pricing, and internal playbooks.

4. Prohibited Data (No PII • No NPI • No Carrier Trade Secrets)

• Do not upload PII or NPI. The Service is designed for aggregated, non-identifiable metrics only.
• Do not upload State Farm or other carrier Trade Secrets (including rating/underwriting models, scorecards, bonus/comp formulas, or internal manuals).
• Your compliance. You are solely responsible for complying with your carrier agreements and applicable law. You agree not to claim the Service is approved or endorsed by any carrier.

"State Farm" is a registered trademark of State Farm Mutual Automobile Insurance Company. The Service is not affiliated with, sponsored by, or endorsed by State Farm.

5. The Service

The Service provides business-intelligence calculations and guidance (e.g., customer value, break-even, cash-flow projections) based on inputs you provide. Outputs are estimates and may be inaccurate or incomplete. The Service does not provide financial, legal, tax, or insurance advice. You are responsible for your decisions.

6. Accounts, Free Trial, Billing, and Cancellation

• Free Trial. 14-day free trial; then paid subscription may be required.
• Recurring Billing Disclosure. If you purchase a subscription, you authorize us to charge the payment method you provide on a recurring basis (monthly or annually, as selected) until you cancel.
• Automatic Renewal. Plans renew automatically at the then-current price unless canceled. We will provide an acknowledgment email at signup with key terms (renewal/cancellation). For annual plans, we will send a renewal reminder reasonably before renewal.
• Easy Online Cancellation (Oregon ARL best practice). You can cancel anytime from within your account settings; cancellation takes effect at the end of the then-current term.
• Price Changes. We may change pricing with reasonable notice; changes apply to subsequent terms.
• Taxes. Prices exclude applicable taxes unless stated.

7. Acceptable Use

• No illegal, infringing, harmful, or deceptive activity.
• No attempts to access another user's data or to circumvent security or rate limits.
• No scraping, load testing, or benchmarking except with our prior written consent.

8. Ownership; License to Use the Service

We and our licensors own the Service. Subject to these Terms and your payment of applicable fees, we grant you a limited, non-exclusive, non-transferable license to access and use the hosted Service for your internal business purposes during your subscription term.

We do not claim ownership of your non-prohibited input data. You grant us a limited license to process such data solely to provide, maintain, secure, and improve the Service.

Feedback you provide may be used by us without restriction.

9. Open-Source Software

Certain components may be made available under open-source licenses (e.g., Apache-2). Your rights to those components are governed by the applicable open-source licenses, not these Terms. See the "License" and "NOTICE" pages for details.

10. Privacy & Security

• We take reasonable administrative, technical, and physical measures to secure the Service.
• Because PII/NPI are prohibited, we do not intend to store or process such data. If you believe you have accidentally submitted prohibited data, notify us at support@agentprofitcalculator.com so we can assist with remediation.
• If we become aware of unauthorized access to systems that may have stored your non-prohibited business data, we will notify you without undue delay, consistent with applicable law.

11. Third-Party Services

The Service may integrate with identity or payment providers (e.g., Google/Microsoft/Stripe). Your use of third-party services is governed by their terms.

12. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT RESULTS OR OUTPUTS WILL BE ACCURATE, COMPLETE, OR ERROR-FREE.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR LOSS OF PROFITS, REVENUE, GOODWILL, OR DATA. OUR AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE IN ANY 12-MONTH PERIOD SHALL NOT EXCEED THE AMOUNTS YOU PAID FOR THE SERVICE IN THAT PERIOD (OR USD $100 IF YOU USED ONLY THE FREE TRIAL).

14. Indemnity

You will indemnify and hold Agent Profit Calculator, LLC harmless from claims, damages, liabilities, and costs (including reasonable attorneys' fees) arising out of or related to: (a) your data or your misuse of the Service, (b) your violation of these Terms or applicable law, or (c) any allegation that your inputs or configuration infringe, misappropriate, or violate the rights of another, including any carrier or third party.

15. Suspension; Termination

We may suspend or terminate access for breach, risk to security, or non-payment. You may cancel at any time. Upon termination, your access ends; we may delete account-level business data after a reasonable period unless retention is required by law.

16. Governing Law; Arbitration; Class Action Waiver (Oregon)

These Terms are governed by the laws of the State of Oregon, without regard to conflict-of-laws principles. Any dispute, claim, or controversy arising out of or relating to the Service or these Terms will be resolved by binding arbitration in Multnomah County before a single arbitrator, under the Commercial Arbitration Rules of the American Arbitration Association. Judgment on the award may be entered in any court of competent jurisdiction.

Small-claims carve-out. Either party may bring an individual action in small-claims court in Multnomah County. 30-day opt-out. You may opt out of arbitration by emailing support@agentprofitcalculator.com within 30 days of first accepting these Terms. Class actions waived. Disputes must be brought in an individual capacity; class or representative actions are not permitted.

Notwithstanding the foregoing, either party may seek injunctive or equitable relief in court to prevent unauthorized use, misuse, or infringement of intellectual property or confidential information.

17. Changes

We may modify the Service or these Terms. Material changes will be communicated (e.g., in-app or email). Your continued use after the effective date constitutes acceptance.

18. Contact

Questions? support@agentprofitcalculator.com • Agent Profit Calculator, LLC, Portland, Oregon