These Porch Platform Terms of Use ("Terms”) govern your use of the PorchSoftware (the “Platform”), and the related software, products, services, and technologies offered via the Porch webpages (including but not limited to https://www.porch.software/), software, and related applications (collectively, including the Platform, the “Porch Services” or the “Services”) offered or provided by Porch Financial Inc. and its affiliates (“Porch,” “we,” “us,” or “our”).

 

Important Notice Regarding Arbitration Agreement/Class Action Waiver

 

WHEN YOU ACCEPT THESE TERMS, YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND PORCH INDIVIDUALLY THROUGH BINDING ARBITRATION AND WAIVING YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR IN YOUR RIGHT TO A JURY TRIAL TO RESOLVE ANY SUCH DISPUTE. 

 

PLEASE REVIEW CAREFULLY THE “DISPUTE RESOLUTION” SECTION BELOW FOR DETAILS REGARDING REQUIREMENT TO ARBITRATION DISPUTES AND RESOLVING ANY DISPUTE ON AN INDIVIDUAL BASIS  

 

1.0 Agreement

 

By using the Porch Services, you agree to be bound by these Terms. If you do not agree to be bound by these Terms do not use the Porch Services. 

 

If you are accessing and using the Porch Services on behalf of a company (such as your employer) or other legal entity (such as a trust or limited liability company of which you are a member), you represent and warrant that you have the authority to bind that entity to these Terms. In that case, “you” and “your” will refer to that entity.

 

2.0 Privacy Notice and e-Signature Agreement 

 

2.1 Privacy Notice. 

 

Your privacy and the security of information are important to us. Please carefully review the Porch Privacy Notice, located at https://www.porch.software/privacy for information about how we may collect, use, store, or share information from you.

 

2.2 e-Signature Agreement. 

 

By using the Porch Services, you agree that any electronic signature that is intended to authenticate a writing shall have the same force and effect as a manual signature to the fullest extent of the law. "Electronic signature” means any electronic sound, symbol, or process attached to or logically associated with a record and executed and adopted by a party with the intent to sign such record, including without limitation a checkbox, facsimile, or email signature.

 

3.0 Who may use the Porch Services

 

To use the Porch Services, you must be legally competent to form a binding contract and be eighteen (18) years old or older to create a User Account (as defined below). 

Porch may require you to provide additional information as applicable laws or regulations dictate or to investigate potential violations of these Terms. Porch reserves the right to suspend your access to Porch Services while it gathers and processes any information requested and received and may refuse to restore access to the Porch Services if you do not provide complete and accurate information promptly upon Porch’s request. 

 

3.1 User representations.

 

You represent and warrant to Porch that you:

 

1. are legally competent to form a binding contract and are eighteen (18) years old or older;

 

1. are not a competitor of Porch and are not using the Porch Services for reasons that are in competition with or for the purpose of creating a competitive service to Porch; 

 

(c) are not otherwise barred from using the Porch Services under Applicable Law. For sake of clarity, “Applicable Law” includes all applicable laws, rules, regulations and standards including supranational, national and local legislation regulations, and any official guidelines and ethical principles that may be in effect from time to time, governing life insurance application and underwriting, including, but not limited to, all applicable data privacy legislation, regulations, and guidelines.

 

If you are an agent, you represent and warrant to Porch that you are acting with full authority to bind a principal who meets the foregoing criteria in subsections (a)-(c).  You and such principal shall be jointly and severally liable for any acts or omissions under these Terms.

 

4.0 Modifications of these Terms 

 

We may update these Terms from time to time in our sole discretion. If we do, we will notify you by posting revised Terms on this page with a revised “Last Updated” date, and we may (but are not required to) send other communications notifying you of such an update. It is important that you review these Terms whenever we update them. 

 

Porch may require you to provide consent to the updated Terms in a specified manner before further use of the Porch Services is permitted. Otherwise, by continuing to use the Porch Services after we have posted updated Terms, you are deemed to have accepted and agreed to the changes. If you do not agree to be bound by the changes, you may not use the Porch Services anymore. 

 

Because our services are evolving over time, we may change or discontinue all or any part of the Porch Services, at any time, at our sole discretion. 

 

5.0 Creating and using a User Account

 

5.1 User Account rules. 

 

To access all the features of the Platform or to acquire Porch Services, you are required to create an account with us (a “User Account”). By opening a User Account, you accept and agree to the following rules: 

 

• You must provide us with truthful, accurate, complete, and current account information and keep this information up to date. If you do not, we may suspend or terminate your User Account.

 

• Porch may require you to provide additional information as applicable laws or regulations dictate or to investigate potential violations of these Terms or any other agreement to which you are a party. Porch reserves the right to suspend your access to Porch Services while it gathers and processes any information requested and received, and may refuse to restore access to the Porch Services if you do not provide complete and accurate information upon Porch’s request.

 

• You will not use the Platform for any prohibited activity, including but not limited to illegal activity that would violate, assist in violation of, or cause us to violate any applicable laws, or that would involve proceeds of any unlawful activity.    

 

• To protect your User Account, you must keep your User Account details and password confidential. Notify us right away if you detect any unauthorized use, or if you know of or suspect a breach of security of your User Account.

 

• You are responsible for all activities that occur under your User Account, whether or not you know about or consent to them.

 

• A description of the information we collect from you when you create a User Account and how we use or share that information is contained in our Privacy Notice. 

 

6.0 Rights related to the content available through Porch Services and Platform

 

6.1 Content. 

 

The Porch Services are data-driven and our Platform contains valuable content. When you access or use our Platform or accept, acquire, inquire about, purchase, or seek Porch Services, you may have access to and use of content, data, information, materials, functionality, a user interface and user experience, including, without limitation, analyses, audio-visuals, branding, code, data, formulas, graphics, images, listings, logos, offerings, performance metrics, programming, projections, reports, software, statements, summaries, text, tools, or works of authorship of any kind (collectively, “Platform Content”) that have been conceived and created by (a) Porch or its affiliates or their agents or third-party contractors (“Porch Content"), (b) nonaffiliated third parties that license Platform Content to Porch or its affiliates (“Third Party Content”), or (c) other users of Porch Services  (“User Content” and, together with Porch Content and Third Party Content, “Content”). Porch Services also may allow you to upload Content to the Platform (“Your Content”).  As between you and Porch, (i) Porch Content is and shall remain Porch’s sole and exclusive property, (ii) Third Party Content is and shall remain the sole and exclusive property of the nonaffiliated third parties that license such Content to Porch, (iii) User Content is and shall remain the sole and exclusive property of the other users of Porch Services who previously uploaded such Content to the Platform, and (iv) Your Content is and shall remain your sole and exclusive property.  For the sake of clarity, Porch Content and Third Party Content does not include open source software.

 

6.2 Right to Use. 

 

Subject to your continued compliance with these Terms and subject to our right to suspend or terminate your use or access as set forth in these Terms or as may be required by applicable law or legal order, you are granted a limited, nonexclusive, nontransferable, non-sublicensable, and personal license to access and use the Porch Services, including Content and Your Content available at the Platform, solely to use the Porch Services. Except as otherwise provided in these Terms, Platform Content, Porch Content, Third Party Content, and User Content may not be copied, downloaded, or stored in a retrieval system for any other purpose, nor may it be redistributed, reused, or modified for any purpose, without the express written permission of Porch.  

 

6.3 Restrictions on Use: 

 

You hereby acknowledge and agree that:

 

• all Content is protected by copyright, patent, trademark, trade secret, proprietary, or other intellectual property rights and laws; 

 

• you will keep confidential and not disclose your User Account information (including account details and passwords), in whole or in part, to any person for any purpose other than in connection with your own personal use of the Porch Services;

 

• you will not modify, copy, distribute, lease, loan, publish, scrape, sell, share, or incorporate into derivative works any Content, in whole or part, nor take measures to gather, mine, or extract through any means or methods the Content made available to you through the Porch Services;

 

• you will not use any meta tags or other hidden text or metadata utilizing any Porch or third-party trademark, logo, URL, or product name without our express written consent;

 

• you will not use or permit others to use Content for any commercial or other unauthorized purposes (including, without limitation, for any direct marketing or telemarketing lists or applications), and you will not use the Porch Services in a service bureau capacity or for the benefit of any third party;

 

• you do not acquire any proprietary rights, including intellectual property rights, in or to any Content (other than Your Content);

 

• you will not use Content in any way that violates any law, statute, ordinance, or regulation, or infringes upon the copyright, patent, trademark, trade secret, or other intellectual property or proprietary rights or rights of publicity or privacy belonging to Porch, its affiliates, or any third party; and 

 

• you will not, and will not permit others to:

 

• use, display, mirror or frame our Platform or any individual element within Porch Services or the Platform, or the name, trademark, logo or other proprietary information, or the layout and design of any page or form contained on a Platform or page belonging to Porch, without our express written consent;

 

• attempt to probe, scan, or test the vulnerability of our system or network or breach any security or authentication measures; 

 

• avoid, bypass, remove, deactivate, impair, de-scramble, or otherwise circumvent any technological measure implemented by us or any of our providers or other third party including another user to protect our Platform, the Porch Services, or Content;

 

• send unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;

 

• forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Porch Services or Content to send altered, deceptive or false source-identifying information;

 

• attempt to decipher, de-compile, disassemble or reverse engineer any of the software used on or in connection with our Platform;

 

• interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus or overloading, flooding, spamming, or mail-bombing our Porch Services;

 

• access or use the Porch Services to collect from other users or store any other user’s personally identifiable information without their express written permission;

 

• use the Porch Services, or any portion thereof, for any commercial purpose or for the benefit of any third party, or in any other manner, except where otherwise permitted by these Terms; 

 

• impersonate, or misrepresent your affiliation with, any person or entity; or

 

• employ, operate, or create any computer program to simulate the human behavior of a user (“Bots”) on the Platform;

 

You acknowledge sole responsibility for, and assume all risk arising from, your use of or reliance on any Third-Party Content.  We reserve the right to investigate, or retain a third party to investigate, violations of these Terms or other conduct that affects our Platform, the Porch Services, our rights, or the rights of third parties. Your information may be provided to a third party to assist with those investigation efforts. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.  Porch reserves the right to immediately suspend your access to and use of the Porch Services if Porch suspects you have violated any obligations under this Section 6.3.

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6.4 Your Content. 

 

By making any Your Content available through the Porch Services, you hereby grant to Porch and its affiliated companies an irrevocable, non-exclusive, transferable, sublicensable, worldwide, perpetual, royalty-free license with right to use, copy, modify, create derivative works based upon, and distribute Your Content in connection with operating and providing the Porch Services. 

 

You are solely responsible for all Your Content. You represent and warrant that you have (and will maintain) all rights that are necessary to grant us the license rights in Your Content under these Terms, and that Your Content is and will at all times throughout your use of the Porch Services remain accurate, complete, and truthful. 

 

6.5 No endorsement. 

 

We do not endorse any users of our Porch Services nor do we endorse Third Party Content, User Content, Your Content, or other products or materials available through or on the Porch Services. 

 

Our Platform may contain links or promotions for products and services of third parties, including companies that pay marketing or referral fees to us. Our promotion of such third-parties is intended to be a convenience to you, to introduce you to the company, and is not an endorsement of their services or products. You are never required to contact or use the services of the third parties mentioned to you by us. We disclaim any liability for any third-party information (including Third Party Content) or third-party products offered. 

 

Third party sites will have their own terms of use, privacy policies, and security practices that are different than ours. It is your responsibility to read and understand the policies and practices of those sites before agreeing to use the site. You acknowledge sole responsibility for, and assume all risk arising from, your use of third-party sites or services.

 

6.6 Right to remove Content. 

 

We reserve the right, but are not obligated, to monitor and to remove or disable access to any Content on the Porch Services, including Your Content, and links, at any time, for any reason, and without notice, including without limitation if we, at our sole discretion, consider any such Content (including Your Content) objectionable, potentially in violation of applicable law, or in violation of these Terms. 

 

You can remove Your Content by deleting it through our Platform. However, in certain instances, some of Your Content may not be completely removed and may continue to exist on the Platform. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) Your Content. 

 

7.0 Termination

 

These Terms (as may be amended from time to time by Porch) will continue to apply to you and your use of our Platform or Porch Services until your User Account or relationship with us is terminated.   

 

We reserve the right to suspend, cancel, or terminate your access to our Platform or Services, in our sole discretion, at any time, and without prior notice with or without cause. We may suspend, cancel, or terminate your User Account if we believe you are using it for a purpose that is unauthorized, improper, illegal, or that could harm our company, our customers, or third parties. In addition, if you fail to comply with any of these Terms, then your access to our Platform or Services may be automatically terminated, without notice to you. You agree that we will not be liable to you or any third party for any termination of your account or access.

 

Upon any termination, discontinuation, or cancellation of the Porch Services or your User Account, the following provisions will survive: Section 6 and 8-12.

 

8.0 Warranty disclaimers

 

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Platform for any reconstruction of any lost data. 

 

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR (A) ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OR ACCESS TO INFORMATION OBTAINED THROUGH THE PLATFORM OR PORCH SERVICES, OR YOUR DOWNLOADING OF ANY MATERIAL POSTED OR LINKED TO THE PLATFORM OR PORCH SERVICES, (B) ANY IDENTIFICATION, MISIDENTIFICATION, OR IMPERSONATION OF ANY USER OF THE PORCH SERVICES, OR (C) ANY LOSS OR DAMAGE ARISING FROM OR IN ANY MANNER IN CONNECTION WITH THESE TERMS. 

 

THE PORCH SERVICES AND CONTENT ARE PROVIDED “AS IS” AND “WHERE IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Porch Services or any Content will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any information or content on the Porch Services.

 

9.0 Indemnity

 

You will indemnify, defend, and hold harmless Porch, its affiliates and their respective officers, directors, employees, shareholders, contractors, and agents, from and against any and all claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Porch Services or any Content; (b) Your Content; or (c) your violation of these Terms or of any regulation or law in connection with the Porch Services or these Terms.

 

10.0 Limitation of liability

 

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising from your use of the Platform and Porch Services remains with you. 

 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PORCH NOR ANY OTHER OF ITS SERVICE PROVIDERS OR THIRD PARTIES INVOLVED IN CREATING, PRODUCING, PROMOTING, OR DELIVERING THE PLATFORM OR PORCH SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, MULTIPLE OF DAMAGES, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OR INABILITY TO USE THE PLATFORM OR PORCH SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PORCH HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. 

 

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF PORCH, ITS AFFILIATES, SERVICE PROVIDERS, EMPLOYEES, SHAREHOLDERS, CONTRACTORS, AGENTS, OFFICERS, AND DIRECTORS, TO YOU OR ANY THIRD-PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE FEES YOU HAVE PAID PORCH DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PORCH AND YOU. NOTWITHSTANDING THE FOREGOING, THE LIMITATIONS OF DAMAGES SET FORTH ABOVE DO NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

11.0 Dispute Resolution

 

11.1 Governing law. 

 

These Terms shall be governed by and construed in accordance with the laws of the State of Utah including any conflicts of law provisions of the laws of the State of Utah.

 

11.2 Class waiver.

 

YOU AND PORCH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.  If the parties’ Dispute (as defined below) is resolved through arbitration, the arbitrator shall not consolidate another person’s claims or otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this “Dispute Resolution” section shall be null and void.

 

11.3 Mandatory Arbitration. 

 

The parties hereto agree that any claim, controversy, or dispute arising out of or relating to these Terms, or the breach, enforcement, interpretation, termination, or validity of these Terms, or use of the Platform or Porch Services (collectively “Disputes”) will be resolved solely by binding, individual arbitration, except that you and Porch retain the right to: (a) bring an individual action in small claims court if it qualifies; and (b) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent (or enjoin) the infringement or misappropriation of a party’s patent, copyright, trademark, trade secret, or other intellectual property rights. The arbitration will be administered by the AMERICAN ARBITRATION ASSOCIATION ("AAA") in accordance with the Commercial Arbitration Rules and the Supplemental Procedures for Consumer Related Disputes (the "AAA Rules") then in effect. 

 

A party who desires to initiate arbitration must provide the other party with a written demand for arbitration as specified in the AAA Rules. The parties agree that the arbitrator will have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability, and scope of this Section 11, and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within ten (10) days of delivery of the demand for arbitration, then either party may request that the AAA appoint the arbitrator in accordance with AAA Rules. The arbitration shall be held in the State of Utah and the arbitration proceedings shall be conducted in English.  Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. The prevailing party in any Dispute arising out of these Terms shall be entitled to recover their reasonable attorneys' fees, costs, and expenses from the non-prevailing party.

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11.4 Injunctive and declaratory relief. 

 

The court of competent jurisdiction hearing any dispute shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. 

 

11.5 Severability. 

 

Except as provided in Section 11.2 of these Terms (“Class Action Waiver”), if an arbitrator or court of competent jurisdiction decides that any part of these Terms are invalid or unenforceable, the other parts of these Terms will still apply.

 

12.0 General terms

 

12.1 Ownership of Porch Services. 

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Porch and its licensors exclusively own all right, title, and interest in and to the Porch Services, including all associated intellectual property rights. You acknowledge that the Porch Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Porch Services.

 

12.2 Whole agreement. 

 

These Terms supersede and replaces any and all prior oral or written understandings or agreements between Porch and you regarding the Porch Services. 

 

12.3 Survivability. 

 

With the exception of any of the provisions in the “Class Waiver” subsection above, if any provision of these Terms is held invalid or unenforceable (either by an arbitrator appointed pursuant to the terms of the "Dispute Resolution" section above or by court of competent jurisdiction), that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. 

 

12.4 Assignment rights. 

 

You may not assign or transfer your rights or obligations under these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer your rights or obligations under these Terms, without such consent, will be null and void. Porch may freely assign or transfer its rights or obligations under these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

 

12.5 Notices. 

 

To the fullest extent of the law, any notices or other communications provided by Porch under these Terms, including those regarding modifications, will be given to you by via email or by posting to the Platform. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

 

12.6 No waiver. 

 

Porch’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Porch. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

 

12.7 Force Majeure. 

 

If either party is wholly or partly unable to perform its obligations under these Terms by reason of any event beyond its reasonable control (an “Event of Force Majeure”), such party shall be relieved of such obligations to the extent, and for the period, that it is affected by the Event of Force Majeure.  An Event of Force Majeure may include, but not necessarily be limited to, fire, flood, earthquake, civil disturbance, war rationing, embargoes, strikes or lockouts, acts of God, or acts of government.  The party affected by the Event of Force Majeure shall use all reasonable efforts (having regard to industry practices) to remedy the situation and remove, so far as possible and with reasonable dispatch, the cause of its inability to perform. 

 

12.8 Captions.

 

The captions in these Terms are for convenience of reference only and shall not govern the interpretation of any of the provisions hereof. 

 

12.0 Questions or Feedback

 

We welcome questions and feedback via email at contact@porch.software 

Contact Porch Software.

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