LEMONADE TERMS OF SERVICELast updated: March 08, 2018
These Terms of Service (“Terms”) govern your access to and use of the application, website, products, and services, including without limitation to apply for, purchase, and make claims under your insurance policy, (“Services”) provided by Lemonade Inc. and its subsidiaries Lemonade, Ltd., an Israel corporation, Lemonade Insurance Company, a New York insurance corporation, and Lemonade Insurance Agency, LLC, a New York limited liability company (collectively with Lemonade, Inc., “Lemonade,” “we,” “us,” or “our”), so please read these Terms carefully, before using the Services.
References to “you” in these Terms of Service 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 of Service to “Lemonade” shall be deemed to have been made to Lemonade, Inc., its subsidiaries, successors, assignees, and affiliates, as well as any company that controls Lemonade, directly or indirectly, and any other subsidiary of that controlling company. Lemonade's family includes Lemonade Insurance Agency LLC, a New York resident insurance agent that will be licensed and appointed to represent Lemonade Insurance Company in each state in which Lemonade insurance is sold.
We reserve the right, at our discretion, to modify these Terms from time to time, which modification will be effective upon the posting of the modification to our App/website (collectively, "the App"), and will apply to causes of action arising after the effective date of the change. You should continue to check the App for changes. Your continued use of our App or otherwise the Services following the posting of changes to these Terms will mean that you accept those changes. By accessing or using our Services, you confirm that: - you can form a binding contract with us; and - you are over the age of 18, as the Services are not intended for children under 18. If it comes to our attention through reliable means that a registered user is a child under 18 years of age, we will cancel that user's account and/or access to the Services. If you are using the Services on behalf of a corporation (or any legal entity other than using it personally), you represent that you are authorized to enter into an agreement on behalf of that legal entity, and are nevertheless individually bound by these Terms even if we have a separate agreement with such corporation.
Lemonade’s Digital Assistant functions as an agent of Lemonade Insurance Company. Any insurance purchasing conclusions and decisions such as coverage amounts, limits and deductibles are completely and solely the responsibility of the insured. Lemonade may at its sole discretion change the Digital Assistant’s content and information from time to time. At the time of a claim, coverage will be determined in accordance with the terms and conditions of the insurance policy. Accordingly, you are encouraged to view/download a specimen of your actual policy documentation prior to making any purchase decision:
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Subject to these Terms and our policies (including policies made available to you within the Services), we grant you a limited, non-transferable, non-exclusive, and revocable permission to access and use our Services, provided that: (i) You will not copy, distribute or modify any part of the Services without our prior written authorization; (ii) You will not send unsolicited or unauthorized advertisements, spam, chain letters, etc.; (iii) You will not transmit any Content which contains software viruses, or other harmful computer code, files or programs; (iv) You will not disrupt servers or networks connected to the Services; and (v) You comply with these Terms.
Using our Services does not give you ownership of any intellectual property rights in our Services or the Content you access (other than your User Content), which shall remain with us and our respective licensors.
OPEN SOURCE SOFTWARE
Certain software code incorporated into or distributed with the App or otherwise with the Services may be licensed by third parties under various “open-source” or “public-source” software licenses (collectively, the “Open Source Software”). Notwithstanding anything to the contrary in these Terms, the Open Source Software is not licensed under these Terms and instead is separately licensed pursuant to the terms and conditions of their respective open-source software licenses. You agree to comply with the terms and conditions of such open-source software license agreements.
All right, title, and interest in and to Services including worldwide Intellectual Property Rights therein, are and will remain the exclusive property of Lemonade and its applicable licensors. We reserve all rights not expressly granted in and to the Services.
In order to access the Service, you will have to create an account. You hereby represent and, except to the extent your insurance policy provides otherwise, warrant that the information you provide to Lemonade upon registration (including information provided through your linked Facebook account, as applicable, or other third party Linked Accounts, as defined below), and at all other times, will be true, accurate, current, and complete. Your “Account Information” also includes any information you provide to us during the insurance application or claims process. You also hereby agree that you will ensure that this information is kept accurate and up-to-date at all times.
PRIVACY AND PASSWORDS
Some portions of the Site and Products are protected and require a user identification code ("User ID") and password for access. Unauthorized access or use of such portions of the Site is prohibited. You agree that you will notify Lemonade immediately if you believe that a third party has obtained your User ID or password, or if you believe that any unauthorized access or use may occur or has occurred by contact our Support team. For your protection, if Lemonade believes that any unauthorized access may occur or has occurred, Lemonade may terminate such access without prior notice to you. You also agree that Lemonade is permitted to act upon any instructions received using your User ID and password and to consider such instructions as authorized by you.
CREDIT AND CREDIT BASED INFORMATIONDisclosure in accordance with the Insurance Law
If you are a first time user please read the following disclosure:
In connection with this insurance, we may review your credit report or obtain or use a credit-based insurance score, based on information contained in that report. We will not review your credit report or obtain or use a credit-based insurance score in states where this is prohibited. An insurance score uses information from your credit report to help predict how often you are likely to file claims and how expensive those claims will be. Typical items from a credit report that could affect a score include, but are not limited to, the following: payment history, number of revolving accounts, number of new accounts, the presence of collection accounts, bankruptcies and foreclosures. The information used to develop the insurance score comes from TransUnion.
If you used our services before and you wish to renew your policy please read the following:In connection with this insurance, we may have previously used a credit report or obtained or used a credit-based insurance score based on information contained in that report. We may obtain or use credit information provided again, upon renewal of policy. We will not review your credit report or obtain or use a credit-based insurance score in states where this is prohibited. An insurance score uses information from your credit report to help predict how often you are likely to file claims and how expensive those claims will be. Typical items from a credit report that could affect a score include, but are not limited to, the following: payment history, number of revolving accounts, number of new accounts, the presence of collection accounts, bankruptcies and foreclosures. The information used to develop the insurance score comes from TransUnion.
Recurring Credit/Debit Card Payments
You understand and agree that we will charge the credit or debit card you use to purchase an insurance policy from us today. Thereafter, we will automatically charge the card monthly for the monthly premium, the amount of which may change depending on policy changes you initiate and other factors approved by insurance regulatory authorities. Your policy is a one-year contract. Should we choose to insure you for another year, we will automatically charge the card for the new monthly premium. We will do the same for any subsequent renewals. You may cancel these recurring payments by cancelling your policy on the app. You may also cancel your policy by telephoning our customer experience team at 1-844-733-8666 Monday through Friday between 9:00 a.m. and 5:00 p.m. Eastern time or by emailing them at [email protected].
LINKED ACCOUNTS AND SOCIAL NETWORKING SITES
Lemonade may, now or in the future, allow you to link your account on the Service to your account(s) on third party services, such as social networking sites (“Linked Accounts”). If you link your account on the Service to a Linked Account, you are authorizing Lemonade to store and use your access credentials to access your Linked Account on your behalf as your agent to integrate your experience with the Service with content, information, and features available through such Linked Account. This may include importing the contacts, preferences, interests or “likes” of the Linked Account, and/or pushing updates regarding your use of the Service out to your Linked Accounts. Linking, accessing or using a third party service through the Service in this manner may be subject to additional terms established by the applicable third party, and it is your sole responsibility to comply with such third party terms.
INSURANCE QUOTES AND COVERAGES
All quotes generated by Lemonade Products are based upon the information you provided and are not a contract, binder, or agreement to extend insurance coverage. Any coverage descriptions provided on our website are general descriptions of available coverages and are not a statement of contract. To obtain coverage you must submit an application to Lemonade whether on Lemonade’s web site, mobile app or otherwise. All applications are subject to underwriting approval. Coverages and availability may vary by state or province; and additional minimum coverage limits may be available in your state.
If you elect to report an insurance claim, the information you submit regarding your insurance policy and the loss is subject to review and verification. Lemonade reserves the right to request additional information prior to reaching a decision on the claim. A claim representative may be communicating with you regarding your claim. All policy provisions contained in your policy remain in effect. If you have any questions concerning the coverage afforded by your policy, please visit the Lemonade Support page.
As a Lemonade policyholder you will have the right to select a ‘Giveback cause’, thereby joining a virtual group of people who made the same selection. Lemonade uses each group’s premiums to pay their claims and expenses, giving back leftover money to their common cause. While the availability and amount of leftover money is subject to Lemonade’s discretion, and applicable insurance regulations, our stated intention is to calculate the amount of leftover money by subtracting from the group’s collective premium, our flat fee (currently 20%), the costs of claims, a “rainy day fund” and other insurance expenses like reinsurance – and giving back what’s left (up to 40% of the group’s premiums). Giveback is Lemonade’s policy, and expression of intent, but it is not a contractual obligation to you, nor to the cause you selected. We reserve the right to suspend or amend the Giveback policy from time to time.
The Service may request that you submit content such as text, photos, audiovisual content, and other media content (“User Content”). By providing User Content to Lemonade, you are granting Lemonade a license to use the User Content in order to make it available through the Service.
LICENSE GRANT BY YOU TO LEMONADE
By uploading Content, you are granting Lemonade a license to display, perform and distribute your Content and to modify (for technical purposes), and reproduce such Content to enable Lemonade to operate the Service. You agree that these rights and licenses are royalty free, worldwide, and irrevocable, and include a right for Lemonade to make such Content available to, and pass these rights along to, others with whom Lemonade has contractual relationships related to the provision of the Lemonade service, solely for the purpose of providing such services, and to otherwise permit access to or disclose your Content to third parties if Lemonade determines such access is necessary to comply with its legal obligations.
SUBMITTED IDEAS POLICY
When you submit any ideas, suggestions, documents and/or proposals relating to the Service (or other products or services) to Lemonade through the “Contact Us,” User Forum or Support interfaces or through any other channel or mechanism (collectively, “Contributions”), you acknowledge and agree that: (i) your Contributions do not contain confidential or proprietary information; (ii) Lemonade is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (iii) Lemonade shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way; (iv) Lemonade may have something similar to the Contributions already under consideration or in development; (v) your Contributions automatically become the property of Lemonade without any obligation of Lemonade to you; and (vi) you are not entitled to any accounting, compensation or reimbursement of any kind from Lemonade under any circumstances.
By using the Services you agree NOT to: (i) Create an account for anyone other than a natural person (unless you are a company, organization, legal entity or a brand and represent that company, organization, legal entity or brand). (ii) Defame, stalk, bully, abuse, threaten, harass, abuse, intimidate, harm another person or engage in any other predatory behavior, including sending unwelcomed communications to others or engage in any other predatory behavior, or incite others to commit violent acts. (iii) use or attempt to use another's account or create a false identity; (iv) duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found in the Services, except as permitted in these Terms, or as expressly authorized by us; (v) reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Services, or any part thereof; (vi) utilize or copy information, content or any data you view on or obtain from the Services to provide any service that is competitive, in our sole discretion, with the Services; (vii) adapt, modify or create derivative works based on the Services or technology underlying the Services, in whole or part; (viii) rent, lease, loan, trade, sell/re-sell any information in the Services, in whole or part; (ix) use the communication systems provided by the Services for any commercial solicitation purposes; (x) sell, sponsor, or otherwise monetize any service or functionality in the Services, without our express written consent; (xi) remove any copyright, trademark or other proprietary rights notices contained in or on the Services (whether ours or our licensors'); (xii) remove, cover or otherwise obscure any form of advertisement included on the Services; (xiii) collect, harvest, use, copy, or transfer any information, including, but not limited to, personally identifiable information obtained from the Services (excluding your User Content, and except if the owner of such information has expressly permitted the same); (xiv) share other users' or third party's information or their User Content without their express consent; (xv) infringe or use our brand, logos or trademarks in any business name, email, or URL except as expressly permitted by us; (xvi) use or launch any manual or automated system or software, devices, scripts robots, other means or processes to access, “scrape,” “crawl”, "cache", “spider” or any web page or other service contained in our Services, or to access the Services in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser; (xvii) use bots or other automated methods to access the Services, add or download contacts, send or redirect messages, or perform other similar activities through the Services; (xviii) access, via automated or manual means or processes, the Services for purposes of monitoring its availability, performance or functionality for any competitive purpose; (xix) engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the website; (xx) attempt to or actually access the Services by any means other than through the interfaces provided by us. This prohibition includes accessing or attempting to access the Services using any third-party service, including software-as-a-service platforms that aggregate access to multiple services; (xxii) engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on the Services' infrastructure, including, but not limited to, sending unsolicited communications to other users or our personnel, attempting to gain unauthorized access to the Services, or transmitting or activating computer viruses, Trojan horses, worms, time bombs or any other harmful or deleterious software programs through or on the Services; and/or (xxiii) Interfere or disrupt or game the Services, including, but not limited to any servers or networks connected to the Services, or the underlying software.
In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.
THIRD PARTIES' LINKS, WEBSITES, AND SERVICES
The Services may contain links to third party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by us. We are not affiliated with those websites, do not endorse them, have no control over those websites, and assume no responsibility and/or liability for the content, privacy policies, or practices of any third party websites. In addition, we will not and cannot censor or edit the content of any third-party site.
We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request; (ii) enforce these Terms, including investigation of potential violations of it; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) cooperate with law enforcement authorities; (v) respond to user support requests; or (vi) protect our, our users' or the public's rights, property or safety.
LIMITATION OF LIABILITY
To the maximum extent permitted by law, the Service Is Available “As Is.” Notwithstanding the limitations set forth below, insurance coverage and our performance under your insurance policy are determined solely by the terms, conditions, exclusions and limitations of your insurance policy and applicable law. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SERVICE AND THE PURCHASE AND USE OF ANY PRODUCTS OR SERVICES ARE ALL AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, LEMONADE EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT. (b) LEMONADE DOES NOT WARRANT THAT (i) THE SERVICE WILL MEET ALL OF YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) ALL ERRORS IN THE SOFTWARE OR SERVICE WILL BE CORRECTED. (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER DEVICE OR LOSS OF DATA RESULTING FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL. (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LEMONADE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE. YOU EXPRESSLY UNDERSTAND AND AGREE THAT LEMONADE, ITS SUBSIDIARIES, AFFILIATES AND LICENSORS, AND OUR AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS AND SUCCESSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COVER OR OTHER INTANGIBLE LOSSES (EVEN IF LEMONADE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) UNAUTHORIZED ACCESS TO OR THE LOSS, CORRUPTION OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR USING THE SERVICE, OR PROVIDING ANY SERVICES RELATED TO THE OPERATION OF THE SERVICE; (iv) LEMONADE’S ACTIONS OR OMISSIONS IN RELIANCE UPON YOUR ACCOUNT INFORMATION AND ANY CHANGES THERETO OR NOTICES RECEIVED THEREFROM; (v) YOUR FAILURE TO PROTECT THE CONFIDENTIALITY OF ANY PASSWORDS OR ACCESS RIGHTS TO YOUR ACCOUNT INFORMATION; (vi) THE ACTS OR OMISSIONS OF ANY THIRD PARTY USING OR INTEGRATING WITH THE SERVICE; (vii) THE TERMINATION OF YOUR ACCOUNT IN ACCORDANCE WITH THE TERMS OF THESE TERMS OF SERVICE; OR (viii) ANY OTHER MATTER RELATING TO THE SERVICE. IN ANY EVENT AND WITHOUT LIMITING THE GENERALITY OF THIS SECTION TO THE EXTENT PERMITTED BY LAW YOU AGREE THAT OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES AND LOSSES SHALL NOT IN ANY CIRCUMSTANCES EXCEED THE GREATER OF (A) $100, OR (B) THE AGGREGATE OF THE AMOUNT (IF ANY) PAID BY YOU IN THE 6 MONTHS IMMEDIATELY PRECEDING BRINGING OF A CLAIM AGAINST US OR OUR AFFILIATES. NOTHING IN THESE TERMS OF SERVICE (INCLUDING THE LIMITATION OF LIABILITY PROVISIONS) IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY WILLFUL ACTS, NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THOSE LIABILITY AND OTHER LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION (IF ANY) WILL APPLY TO YOU AND OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
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. This defense, hold harmless and indemnification obligation will survive any termination of these Terms and your use of the Services.
GOVERNING LAW AND JURISDICTION
INFORMATION FOR NEW YORK VICTIMS OF DOMESTIC VIOLENCE
The provisions in New York Insurance Law, section 2612, relate to persons insured by an individual insurance policy issued to policyholders or a group insurance policy. According to this law, insurers who receive a valid order of protection against a policyholder are prohibited for the duration of the order from disclosing to the policyholder the address, telephone number of the insured, or of any person or entity providing covered services to the insured, to the policyholder or another person covered by a group insurance policy. If the insured is a child, this right may be asserted by the child's parent or legal guardian. Furthermore, the insurers may not refuse to issue or renew, deny or cancel any insurance policy, demand or require a greater premium or payment from any person or designate domestic violence as a prior condition, for which coverage will be denied/reduced solely because a person is or has been a victim of domestic violence. The insurer will accommodate reasonable requests by a person covered by an insurance policy to receive communications of claim related information by alternative means or at alternative locations if the person clearly states that disclosure of the information could endanger him or her. If the covered person is a child, then the child's parent or legal guardian may make the request. The insurer, without consent of the person making the request will be prohibited from disclosing to the policyholder or other person the address, telephone number, any other personally identifying information, information regarding a child residing with the covered person, the nature of the health care services provided, the name or address of the provider of the covered services to the covered person. The request must include an alternative address, telephone number and/or other reasonable methods of contact. The request should be made by emailing a copy of the order of protection to the insurer at [email protected] In order to revoke a request that has been received and implemented, the requesting person must submit to the insurer a written sworn statement revoking the prior request. For additional assistance, please contact the New York State Domestic and Sexual Violence Hotline. NYS Domestic and Sexual Violence Hotline: (800) 942-6906 Spanish language: (800) 942-6908 In NYC: (800) 621-HOPE (4673) or dial 311 TTY: (866) 604-5350
By using the App, you agree to have all records, including the insurance policy, provided to you in electronic form. This consent, unless withdrawn, applies to all transactions between you and Lemonade. However, you have the right to receive communications from us, including the insurance policy, in paper form if you wish by withdrawing this consent. If you withdraw the consent to provide you with records in electronic form, you will then be provided with records in paper form. To withdraw your consent, you must email us at [email protected] with the following subject line “WITHDRAW ELECTRONIC CONSENT.” The body of the email must include your name, policy number, effective and expiration dates of the policy, the effective date of your withdrawal and whether you want (a) all communications to be in paper form and (b) your insurance policy to be sent to you in paper form.