API Terms of Use

Effective November 1, 2020

As a condition to using Pie’s application programming interface or other data supplied by Pie (“API”), you must comply with the following API Terms of Use. If you do not agree to these terms without limitations or exclusions, Pie does not grant you a license to use the API.

The following are terms of a legal agreement (the “Agreement”) between you, individually and/or as an agent on behalf of an entity or another registered user (“you”), and Pie Insurance Services, Inc. (“Pie”, “we”, or “us”) that sets forth the terms and conditions for your use of Pie’s API (the “API Terms of Use”). The API is owned and operated by Pie. The API, together with all tools, data, text, articles, design, source code, software, photos, images and other content or information made available through the API is collectively referred to in this Agreement as the “API Service.” By accessing, browsing or using the API Service, you acknowledge that you have read, understood, and agree to be bound by this Agreement between you and Pie and to comply with all applicable laws and regulations. You also agree to comply with Pie’s API Terms of Use, as they may be amended from time to time.

We reserve the right to amend the API Terms of Use at any time and posting the revised API Terms of Use on the Pie website (the “Site”) shall be notice to you of such changes. You should check the API Terms of Use periodically for changes. Unless otherwise indicated, all changes shall be effective upon posting and will supersede all previous versions. Your continued use of the API Service after any change to the API Terms of Use constitutes your agreement to be bound by all provisions of the most current API Terms of Use as posted on the Site. If you disagree with the API Terms of Use or any changes to the API Terms of Use, your only option is to discontinue your use of the API Service. We may, in our sole discretion, with or without cause, terminate this Agreement at any time without prior notice or liability to you or anyone else.

LICENSE TO USE API SERVICE

Pie grants you a limited, revocable, non-exclusive, non-transferable, non-assignable, non-sublicenseable license to use the API Service for any lawful use that does not compete with products and services offered by Pie, its parent company, Pie Group Holdings, Inc., any affiliates or any subsidiaries, on the terms set forth in this Agreement. The license shall continue for as long as we make the API Service available to you; provided, however, that the license will terminate immediately if you violate any terms of this Agreement. We may, in our sole discretion, with or without cause, modify, enhance, suspend, terminate or discontinue this license, or restrict your access to all or any part of the API Service at any time without prior notice or liability to you or anyone else. The API Service may contain technical inaccuracies or typographical errors, and Pie does not undertake any obligation or responsibility to update or amend the API Service, or to provide support for your use of the API Service.

All data obtained from or provided by Pie, regardless of the method of delivery, is explicitly prohibited from publication and distribution. Moreover, you represent that all data provided by Pie to a user, regardless of the method of delivery, is not used for any competing purposes and only used to permit investment using the products or services of Pie.

COMPLIANCE WITH LAW

You agree to use the API Service only for lawful purposes. You are prohibited from any use of the API Service that would constitute a violation of any applicable federal, state or local laws, including but not limited to, federal or state consumer privacy laws, state licensing laws, or state unfair and deceptive trade practices statutes, or in any manner that could give rise to any civil or criminal liability. In particular, any use or display any data, text, articles, design, source code, software, photos, images and other content or information made available through the API must be in full compliance with the federal Fair Credit Reporting Act as well as all applicable state credit reporting statutes and regulations. If you access the API Service from outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction. Children under the age of 18 are not eligible to use the API Service.

GENERAL RESTRICTIONS

You agree not to (i) modify, decompile or otherwise alter the API Service, (ii) use the API Service to reveal or display any non-public personally identifiable information of any user of the Site, (iii) use the API Service to defame, libel, threaten or harass any user of the Site or the API Service, (iv) use the API Service to bid on listings on behalf of other insurers without Pie’s prior written consent, or (v) use the data provided by Pie, in any manner whatsoever (including, but not limited to via an API Service or data from the Site), for any competing uses or purposes. You further agree that you have never used data from Pie, in any manner whatsoever (including, but not limited to via an API Service or data from the Site), in the past to compete with the products or services of Pie.

SUBMISSIONS TO THE SITE

Any feedback, remarks, discussions, ideas, concepts, know-how, techniques, graphics or other submissions you make through the Site, including through any forums or other communications relating to the API Service (collectively, “Submissions”), shall be deemed and remain the property of Pie, and Pie is entitled to use any Submission for any purpose, without restriction or compensation to the individual who has provided the Submission. Pie shall not be subject to any obligations of confidentiality regarding Submissions except as expressly agreed by Pie or as otherwise required by applicable law. Nothing contained in this Agreement shall be construed as limiting Pie’s responsibilities and obligations under its Privacy Policy.

PROPRIETARY RIGHTS

Pie retains all right, title and interest, including without limitation all intellectual property rights, in and to the API Service, and any Submissions. Any unauthorized use of such material may violate copyright laws, trademark laws, the laws of privacy, and other statutes and regulations governing intellectual property. You shall agree to take such actions, including without limitation, execution of affidavits or other documents, as Pie may reasonably request to effect, perfect or confirm any of Pie’s rights with respect to the API Service or any Submission.

INTELLECTUAL PROPERTY OF PIE

The term “Pie” “Pie Insurance” (either alone or accompanied by the Pie logo), the Pie logo, pieinsurance.com, color schemes displayed on Pie websites, and all related logos, (collectively the “Pie marks”) are trademarks, service marks, and/or trade dress of Pie. Other company, product, and service names and logos used and displayed on the API Service may be trademarks or service marks owned by Pie or others. The offering of the API Service shall not be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Pie marks, without our prior written permission in each instance. You may not use, copy, display, distribute, modify or reproduce any of the Pie marks found in the API Service unless in accordance with written authorization by us. We prohibit use of any of the Pie marks as part of a link to or from any website unless establishment of such a link is approved in writing by Pie in advance. Pie further prohibits the use of any color schemes displayed on any Pie websites, and any use of the term “Pie” in the title of any application using the Pie API. Any questions concerning any Pie marks, should be referred to Pie.

SECURITY

You warrant that your Application has been developed to operate with API content in a secure manner. Your network, operating system and the software of your servers, databases, and computer systems (collectively, “Systems”) must be properly configured to securely operate your Application and store content collected through your Application (including the API content). Your Application must use reasonable security measures to protect the private data of your users.

We may use technology to detect, prevent or limit the impact of any issues caused by your Application (before, after, or instead of suspension of your access). This may include, for example, (i) filtering to stop spam, (ii) performing security or privacy monitoring regarding scraping, denial of service attacks, user impersonation, application impersonation, or illicit consent grant(s), or (iii) limiting or terminating your access to the APIs.

Without limiting the foregoing, upon request by, you will provide us (or an independent auditor acting on our behalf) with up to two full-feature client account-level instances to access your Application (and/or other materials relating to your use of the API) as reasonably requested by us to verify your compliance with these API Terms (including, in particular, your security and privacy obligations under these API Terms).

We may restrict or terminate access to the APIs or perform an audit (including by hiring an independent auditor acting on our behalf) of your Application if you fail to provide adequate information and materials (including up to two full-featured instances of your Application) to verify your compliance with these Terms.

You must have a process to respond to any vulnerabilities in your Application, and in the case of any vulnerabilities related to your Application’s connection to the APIs discovered by you or reported to you by a third party, you agree that you will provide vulnerability details to Pie at api@pieinsurance.com.

In the event of a data breach by you resulting from any aspect of the APIs involving your Application or any data collected through your Application, you will promptly contact Pie at api@pieinsurance.com and provide details of the data breach. You agree to refrain from making public statements (e.g., press, blogs, social media, bulletin boards, etc.) without prior written and express permission from in each instance as it relates to the APIs.

The rights and requirements of this section, SECURITY, will survive for five (5) years following any termination of these API Terms.

ATTRIBUTION

If you use the API Service in connection with any website or with any application that makes reference to Pie and is designed for use by third parties, whether for free or for compensation, you must include the following notice in 8-point type or larger: “This website is not endorsed by, owned by or affiliated with Pie Insurance Services, Inc.”

FEES

The API Service is currently offered free of charge. Pie reserves the right to charge fees or royalties for use of the API Service in the future.

CHANGES TO THE PIE APIS AND API TERMS

We may change or discontinue the availability of some or all of the APIs at any time for any reason with or without notice. Such changes may include, without limitation, removing or limiting access to specific API(s), or setting and enforcing limits on your use of additions to the APIs. We may also impose limits on certain features and services or restrict your access to some or all of the APIs. We may release subsequent versions of the APIs and require that you use those subsequent versions, at your sole cost and expense.

Any version of the APIs designated as “preview”, “pre-release” or “beta” (“Preview API”), or located in a non-production environment, may not work in the same way as a final version. We may change or not release a final or commercial version of a Preview API in our sole discretion.

DISCLAIMER OF WARRANTIES

You expressly understand and agree to the following disclaimers to the extent permitted by applicable law:

Your use of the API Service is at your sole risk. Pie does not warrant or guarantee the accuracy, adequacy, timeliness, reliability, completeness, or usefulness of the API Service and Pie disclaims liability for errors or omissions in the API Service. The API Service is provided on an “as-is” and “as available” basis, without any warranty, either express or implied. Pie disclaims all warranties, including, but not limited to, any implied warranties of non-infringement, title, merchantability or fitness for a particular purpose, or any warranty that the site is free of viruses or other harmful components. This does not affect those warranties that are incapable of exclusion, restriction or modification under the laws applicable to this Agreement.

Any material downloaded or otherwise obtained through the Site or the API Service is acquired at your own discretion and risk and you will be solely responsible for any damage to your own computer system or loss of data that results from the download of any such material.

No advice or information, whether written or oral, obtained by you from Pie shall create any warranty not expressly stated in these API Terms of Use.

FEEDBACK

If you give feedback about the APIs to Pie, you give to Pie, without charge, the right to use, share and commercialize your feedback in any way and for any purpose. You will not give feedback that is subject to a license that requires Pie to license its software or documentation to third parties because Pie includes your feedback in them. These rights survive these API Terms.

INDEMNIFICATION

You agree to indemnify and hold harmless Pie, its parent, any affiliates, any subsidiaries or their respective officers, directors, employees, agents, independent contractors or licensors (collectively the “Pie Parties”) from and against any and all claims, losses, expenses, demands or liabilities, including attorneys’ fees and costs, incurred by the Pie Parties in connection with any claim by a third party (including any intellectual property claim) arising out of (i) your use of the API Service and any material you access using the API Service or by any other means, (ii) a third party’s use of such material that you access using the API Service and make available to such third party, or (iii) your violation of this Agreement or any applicable law. You further agree that you will cooperate fully in the defense of any such claims. Pie Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without the written consent of the relevant Pie Parties.

LIMITATION OF LIABILITY

YOU AGREE TO THE FOLLOWING LIMITATION OF LIABILITY TO THE EXTENT PERMITTED BY APPLICABLE LAW: UNDER NO CIRCUMSTANCES SHALL THE PIE PARTIES BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, GOODWILL OR OTHER INTANGIBLE LOSSES OF ANY KIND ARISING FROM OR RELATING IN ANY WAY TO: (A) YOUR USE OF, OR INABILITY TO USE, THE API SERVICE, (B) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, (D) UNAUTHORIZED ACCESS TO OR ALTERATION OR YOUR TRANSMISSIONS OR DATA, OR (E) ANY OTHER MATTER RELATING TO THE API SERVICE. THESE LIMITATIONS AND EXCLUSIONS APPLY EVEN IF THIS REMEDY DOESN’T FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE OR IF WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF THE DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THESE LIMITATIONS AND EXCLUSIONS APPLY TO ANY CLAIMS RELATED TO THESE API TERMS

AVAILABILITY

The API Service not intended for distribution to, or use by, any person or entity in any jurisdiction outside of the United States of America. By offering the API Service no distribution or solicitation is made by Pie to any person to use the API Service in jurisdictions where the provision of the API Service is prohibited by law.

RELATIONSHIP

Your use of the API Service does not create, and nothing contained in this Agreement will be deemed to establish, an employment, agency, franchise, joint venture or partnership relationship between you and Pie. You have no power or authority to enter into any agreement for or on behalf of Pie, or incur any obligation or liability of, or otherwise bind Pie, and you agree not to attempt to do so.

WAIVER

Failure by Pie to enforce any of its rights under this Agreement shall not be construed as a waiver of those rights or any other rights in any way whatsoever.

APPLICABLE LAW AND DISPUTE RESOLUTION

This Agreement and all other aspects of your use of the API Service shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of laws rules. You agree that you will notify Pie in writing of any claim or dispute concerning or relating to the API Service and the information or services provided through it, and give Pie a reasonable period of time to address it before bringing any legal action, either individually or as a class member against Pie. You agree to submit to the personal jurisdiction of the state and federal courts located in the City and County of Denver, Colorado.

OTHER AGREEMENTS

This Agreement shall be subject to any other agreements you have entered into with Pie; however, with regard to your use of the API Services, in the event of any conflict between this Agreement and any other agreement to which you and Pie are bound, the terms of this Agreement shall control.

ASSIGNMENT

You may not, directly or indirectly, by operation of law or otherwise, assign all or any part of this Agreement or your rights under this Agreement or delegate performance of your duties under this Agreement without Pie’s prior consent, which consent may be withheld for any reason. Pie may, without your consent, assign this Agreement to any Affiliate or in connection with any merger or change of control of Pie or the sale of all or substantially all of its assets provided that any such successor agrees to fulfill its obligations pursuant to this Agreement.

ADDITIONAL TERMS

Certain sections or pages on the Site may contain separate terms and conditions of use, which are in addition to the terms and conditions of this Agreement. In the event of a conflict, the additional terms and conditions will govern for those sections or pages.

SEVERABILITY

If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions of the Agreement shall remain in full force and effect.

GENERAL PROVISIONS

This Agreement will be binding on, inure to the benefit of, and be enforceable against the parties to this Agreement and their respective successors and assignees. Neither the course of conduct between the parties to this Agreement nor trade practice shall serve to modify any provision of this Agreement. All rights not expressly granted herein are hereby reserved. Section headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

CONTACTING US

If you have questions regarding the API Service, please contact us by e-mail at api@pieinsurance.com. If you have questions regarding the Agreement or the practices of Pie, please contact us by e-mail at legal@pieinsurance.com or by regular mail at Pie Insurance Services, Inc., 1755 Blake Street, 5th Floor, Denver, CO 80202, Attention: Legal.