Terms and Conditions of Service
The Art Of Underwriting LLC
1. Acceptance of Terms
The following "Terms of Service" governs your use of the software and services provided by The Art Of Underwriting at www.theartofunderwriting.com website (the "Site"). This is a binding agreement between you and The Art Of Underwriting and incorporates our Privacy Policy at www.theartofunderwriting.com/privacy-policy. By using any software or services provided by The Art Of Underwriting (the "Services"), you are accepting to be bound to the terms of this Agreement.
We reserve the right to change these Terms from time to time. When we make any changes to our Terms, we will display a notification to inform you that our Terms have been changed or we plan to change our Terms. You acknowledge and agree that it is your responsibility to periodically review this Site and these Terms. Your continued use of this Site and Services after such modifications will constitute acknowledgement and acceptance of the modified Terms.
As used in these Terms, references to our "Affiliates" include our owners, licensees, assigns, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this Site and/or contents and Services available on this Site.
BY USING THIS SITE AND SERVICES ON THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE EXIT THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE, PRODUCTS, SERVICES OR SERVICES AVAILABLE ON THIS SITE, OR THESE TERMS IS TO CEASE USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS, SERVICES OR SERVICES. THESE TERMS ARE EFFECTIVE ONCE YOU CLICK THE 'I AGREE' BUTTON BELOW.
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2. Services
The Art Of Underwriting provides a multitude of product integration and services for users on our Site, which you may subscribe to through our Site.
a. No Guarantee
Although The Art Of Underwriting works hard to provide quality Services, you understand and acknowledge that we cannot promise or guarantee specific results from using the Site or Services available on this site.
b. Temporary Interruptions
You understand and agree that temporary interruptions of the Site may occur. You also understand and agree that we have no control over the third-party networks or service(s) that we may use to provide you with Services. You agree that the Services available on this Site are provided "AS IS" and that we assume no responsibility for the timeliness, deletion, mis-delivery, interruption, or failure to store any user communications or personalization settings.
c. Right to Modify the Services
We reserve the right to implement new elements as part of the Services including changes that may affect the previous mode of operation of the Services. We believe that any such modifications will enhance the overall Services, but it is possible that your opinion may vary.
d. No Contingency on Future Releases and Improvements
You understand that your purchase of the Services on our Site is not contingent on the delivery by us of any future release of any functionality or feature, including without limitation, the continuation of a certain service beyond its current subscription term or third party services or dependent on any public comments we make, regarding any future functionality or feature.
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3. Payment
a. Fees
If you choose to purchase one or more of the Services provided on our Site, you agree to pay all fees associated with the Services. Our monthly subscription provides tiered pricing for different levels of services and products based on the services you choose to use. In addition to our monthly subscription services, you may purchase add-in services for a one-time fee or recurring subscription fees. Fees may change from time to time.
Any charges incurred by your purchase or use of the Services, will be billed to the credit card we have on file. In the event you sign up for a Service that is ongoing and incurs reoccurring charges (such as a subscription), such charges will be billed in advance of service. You agree to provide us with accurate and complete billing information, including valid credit card information, your name, address and telephone number, and to provide us with any changes in such information within 10 days of the change.
Email Marketing Pricing: The cost for sending emails through our platform starts at $0.001687 per email. However, please note that the pricing may vary based on the size and content included within each email.
SMS Marketing Pricing: The cost for sending text messages (SMS) through our platform starts at $0.0198 per segment. Similar to email services, the pricing may increase depending on the size and content included in the text.
Auto Recharge System: Our system operates on an auto recharge mechanism designed to ensure that customers' accounts always have sufficient funds available for sending emails and texts. Customers will be automatically rebilled based on their usage, ensuring a seamless and uninterrupted service experience. Customers have the flexibility to set their preferred auto recharge amounts at any time. They can adjust the recharge threshold and define their desired funding level for automatic replenishment.
b. Overdue Amounts
If, for any reason, your credit card company declines or otherwise refuses to pay the amount owed for the Services you have purchased, you agree that we may suspend or terminate performance of Services or delivery of products and may require you to pay any overdue amounts incurred (including any third-party chargeback fees or penalties) by other means acceptable to us. In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses.
c. All Subscriptions Non-refundable
Except as described below, all fees paid for the Services provided on our Site are non-refundable, and no prorated refunds or credits will be offered for partially used subscriptions. However, if we issue a refund or credit in one instance, we are under no obligation to issue the same refund or credit in the future.
d. A2P 10DLC and Marketing Compliance
Customers are solely responsible for ensuring their use of our software and services complies with the A2P 10DLC regulations and any other nationally mandated policies or regulations related to text and email marketing. The Art Of Underwriting will not be held liable for any non-compliance by our customers. Any charges, fees, or penalties incurred due to a customer's failure to comply with these or other related regulations will not be the responsibility of The Art Of Underwriting. Further, any such charges or fees are not eligible for a refund under any circumstance.
We reserve the right to issue refunds or credits at our sole discretion in the following situations: To be eligible for a refund, you must provide written notice via email or text at least 14 days prior to the due date of your next monthly subscription charge, which must (a) identify your account and (b) request cancellation of the specific Service. The cancellation will be effective upon our receipt of your notice and our determination that you are authorized to effect such cancellation. Please refer to the section, "How to Send Notices to The Art Of Underwriting," below on how to provide notice to us.
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4. Site Conduct, Posting Policies & Third Party Websites
a. User-Created Content Guidelines
Your use of the Site is subject to all applicable laws and regulations, and you are solely responsible for any comments or posts you leave on the Site. By posting information on the Site, or by otherwise using any communications service, message board, newsgroup, or other interactive service available on the Site, you agree that you will not post comments, messages, links, code or other information that:
is unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, tortious, invasive of another's privacy, or includes graphic descriptions of sexual or violent content;
victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
infringes any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
consists of unsolicited advertising, junk or bulk email (also known as "spam"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
contains any form of malicious code, files, or programs that are designed or intended to disrupt, damage, or limit the functionality of any software, hardware, or telecommunications equipment or otherwise causes damage, or allows you to obtain unauthorized access to any data or other information of any third party;
breaches the security of, compromises or otherwise allows access to secured, protected or inaccessible areas of this Site, or attempts to gain access to other network or server via your account on this Site;
impersonates any person or entity, including any of our employees or representatives.
At our sole discretion, The Art Of Underwriting may choose to unpublish or otherwise make not available for public viewing, any material we deem unnecessary for use of our Site.
b. User Customization
The Art Of Underwriting platform within our Site may be modified by users, incorporating the users' name, logo, trademark, and color scheme into user's individual access area within our Site, and/or by otherwise applying a user-built code on top of The Art Of Underwriting platform. You are solely responsible for copyright, trademark or other intellectual property concerns connected with your customized look and feel of our Site. You acknowledge that you may not be able to customize our Site according to your unique branding to the extent that your customization would appear to be independently developed.
c. No Endorsement
The Art Of Underwriting neither endorses nor assumes any liability for any material uploaded or submitted by users on any part of the Site. Although we do not pre-screen, police or monitor comments posted on our Site, we and our agents reserve the right to remove any and all postings that we feel do not comply with these Terms and any other rules of user conduct for our Site, or are otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such postings.
The Art Of Underwriting may publish content featuring testimonials of our users, and any views or opinions expressed in such posts are personal and do not constitute or imply any approval, sponsorship or endorsement of The Art Of Underwriting.
d. Third-Party Sites and Information
This Site may redirect or link to other websites on the Internet, or may otherwise include references to information, products or services made available by unaffiliated third parties. While we make every effort to work with trusted, reputable providers, from time to time such sites may contain information, material or policies that some may find inappropriate or personally objectionable. You understand that we are not responsible for the accuracy, completeness, decency or legality of content hosted by third party websites, nor are we responsible for errors or omissions in any references made on those websites. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with the Site or party by us, or any warranty of any kind, either express or implied.
e. Promotions
From time to time, this Site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this site. Any such correspondence or promotions, including the delivery of and the payment for goods and services by those third parties, and any other terms, conditions, warranties or representations associated therewith, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.
f. Electronic Communication
When you enroll in the Online Service, you must designate a primary email address that will be used for receiving electronic communication. To the extent that The Art Of Underwriting maintains an online message center now or in the future, such exchange of communications shall be considered an electronic communication and may be utilized by The Art Of Underwriting for providing you notices pursuant to these Terms, as required by Applicable Law (as permitted) or generally regarding your Account(s) with The Art Of Underwriting. We will NEVER send you email requesting confidential information such as Account numbers, usernames, or passwords and you should NEVER respond to any email requesting such information. If you receive such an email purportedly from The Art Of Underwriting, do not respond to the email and notify The Art Of Underwriting by emailing us at [email protected]
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5. The Art Of Underwriting Intellectual Property
a. Content
For purposes of these Terms, "content" is defined as any information, communications, software, published works, photos, video, graphics, music, sounds, or other material that can be viewed by users on our Site and is owned by The Art Of Underwriting or its Affiliates.
b. Ownership of Content
By accepting these Terms, you agree that all content presented to you on this Site is protected by any and all intellectual property and/or other proprietary rights available within the United States and is the sole property of The Art Of Underwriting or its Affiliates.
All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of The Art Of Underwriting or its Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or the name of The Art Of Underwriting or its Affiliates.
A third party website may feature our logos or trademarks, with or without authorization. Our logos or trademarks featured in any third party website do not constitute or imply any approval, sponsorship or endorsement of The Art Of Underwriting.
Certain of the ideas, software and processes incorporated into the Services available on this Site are protected by patent applications pending in the United States, and we intend to prepare and file additional patent applications in selected foreign jurisdictions.
c. Limitations on Use of Content
Except for a single copy made for personal use, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any content from this Site in any form or by any means whatsoever without prior written permission from us. Any unauthorized use of Site content violates our intellectual property interests and could result in criminal or civil penalties.
d. No Warranty for Third-Party Infringement
Neither we nor our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this Site will not infringe the rights of third parties.
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6. Content You Create
a. Your Intellectual Property Rights
You own and retain all rights to your data and your code for customizing The Art Of Underwriting platform. You grant us and our applicable third parties to use your data as necessary to provide the Services to you and as permitted by this Agreement and our Privacy Policy. If you are using the Services on behalf of another party, then you represent and warrant that you have all sufficient and necessary rights and permissions to do so. Subject to the limited license granted, we acquire no right, title or interest from you or your licensors under this Agreement.
We respect the intellectual property rights of others, and we ask you to do the same. In instances where we are notified of alleged infringement, The Art Of Underwriting or User Content through our Designated Agent, a decision may be made to remove access or disable access to such materials, in compliance with the safe harbor provisions of the Digital Millennium Copyright Act, 17 U.S.C. § 512(c). We may also make a good faith attempt to contact the person who submitted the affected material so that they may make a counter-notification.
If you believe that you or someone else's copyright has been infringed by The Art Of Underwriting or User Content provided on this Site, you (or the owner or rights holder, collectively, "Rights Holder") should send notification to our Designated Agent immediately. Prior to sending us notice, the Rights Holder may wish to consult a lawyer to determine their rights and legal obligations under the DMCA and any other applicable laws. Nothing here or anywhere on this Site is intended as a substitute for qualified legal advice. To file a Notice of Infringing Material, we ask that the Rights Holder provide the following information:
Reasonably sufficient details about the nature of the copyrighted work in question, or, in the case of multiple alleged infringements, a representative list of such works. This should include, title(s), author(s), any U.S. Copyright Registration number(s), URL(s) etc.;
Reasonably sufficient details to enable us to identify and locate the material that is allegedly infringing the Rights Holders' work(s) (for example, file name or URL of the page(s) that contain(s) the material);
The Rights Holder's contact information so that we can contact them (including for example, the Rights Holder's address, telephone number, and email address);
A statement that the Rights Holder has a good faith belief that the use of the material identified above in 2 is not authorized by the copyright owner, its agent, or the law;
A statement, under penalty of perjury, that the information in the notification is accurate and that the Rights Holder is authorized to act on behalf of the copyright owner; and
The Rights Holder's electronic signature.
Notice may be sent to: [email protected]
b. Counter-Notification
If material that you have posted to our Site has been taken down, you may file a counter-notification that contains the following details:
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question;
Your name, address and telephone number;
A statement that you consent to the jurisdiction of federal district court in the federal district court in the State of Delaware and that you will accept service of process from the person who provided notification in compliance with section 512 (c)(1)(C) of the DMCA, or an agent of such person.
Your physical or electronic signature.
Counter-notification may be sent to: [email protected]
You also acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may temporarily or permanently remove the identified materials from our site without liability to you or any other party.
c. Submission of Ideas
Our Site may include a platform through which users may submit ideas to use for new products, services and/or related features (each, an "Idea"). By submitting an idea to The Art Of Underwriting, you agree to the following unless we have mutually agreed in writing otherwise:
You are submitting your Idea to The Art Of Underwriting on a voluntary, non-confidential and gratuitous basis;
You grant The Art Of Underwriting and its designees a perpetual, irrevocable, non-exclusive, fully-paid up and royalty-free license to use any Idea you submit to The Art Of Underwriting without restrictions or payment or other consideration of any kind, or permission or notification to you or any third party;
The Art Of Underwriting may already be working on the same or a similar Idea, that it may have received a similar or identical Idea from other sources;
To the best of your knowledge, the Idea represents your own original work, you have all necessary rights to disclose the Idea to The Art Of Underwriting;
Disclosing your Idea to The Art Of Underwriting does not establish a confidential relationship or obligate The Art Of Underwriting to treat the Idea as confidential;
The Art Of Underwriting has no obligation to develop or use your Idea and does not owe you or anyone else any compensation for any use of your Idea;
You hereby irrevocably release and forever discharge The Art Of Underwriting from any and all actions, causes of actions, claims, damages, liabilities and demands related to the Idea.
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7. Data Stored on Our Servers
Subject to our Privacy Policy (https://www.theartofunderwriting.com/privacy-policy), you agree that we have no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through this Site. You acknowledge that we reserve the right to remove or terminate accounts which have not paid a subscription fee, that remain inactive for longer than 1 year, or in cases where you have violated one or more terms of this Agreement.
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8. Privacy & Security
a. Login Required
In order to access some of the Services on this site, you may be asked to set up an account and password. Our account registration page requests certain personal information from you ("Registration Info"). You will have the ability to maintain and periodically update your Registration Info as you see fit. By registering, you agree that all information provided by you as Registration Info is true and accurate and that you will maintain and update this information as required in order to keep it current, complete and accurate.
b. Passwords & Security
If you register for an account on the Site, you agree that you are responsible for maintaining the security and confidentiality of your password, and that you are fully responsible for all activities or charges that are incurred under your account. Therefore, you must take reasonable steps to ensure that others do not gain access to your password and account. Our employees will never ask you for your password.
c. Disclosure to Third Party Affiliates
Subject to our Privacy Policy (https://www.theartofunderwriting.com/privacy-policy), you hereby grant us the right to disclose to third parties certain Registration Info about you.
d. Non-Transferability of User Account
User Accounts are non-transferable, and all users are obligated to take preventative measures to prohibit unauthorized users from accessing the Web Site with his or her password. You may not assign these Terms, in whole or in part, or delegate any of your responsibilities hereunder to any third party. Any such attempted assignment or delegation will not be recognized by The Art Of Underwriting unless acknowledge by The Art Of Underwriting in writing.
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9. Disclaimer
ALL CONTENT AND SERVICES ON THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE CONTENT OR SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE CONTENT, SERVICES OR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT OR SERVICES OFFERED WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY CONTENT OR SERVICES PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
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10. Limitation of Liability & Indemnification
Your exclusive remedy and our entire liability, if any, for any claims arising out of these Terms and your use of this Site shall be limited to the amount you paid us for Services purchased on the Site during the 3 month period before the act giving rise to the liability.
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFIT LOSS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE.
You agree to defend, indemnify, and hold us and our Affiliates against all demands, claims, actions, proceedings, damages, liabilities, losses, fees, costs or expenses (including without limitation reasonable attorneys' fees and the costs of any investigation) directly or indirectly arising from or in any way connected with: (1) use of or reliance on information or data supplied by You; (2) any breach of or default under the terms or conditions of this Agreement by You; (3) the wrongful use or possession of any The Art Of Underwriting Property by You; (4) any negligence, gross negligence or willful misconduct by You or your employees or agents.
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11. Termination of Use
a. Grounds for Termination
You agree that we may, at our sole discretion, terminate or suspend your access to all or part of the Site with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for barring your access to this Site, and reporting you to the proper authorities, if necessary.
b. No Right to Services Upon Termination
Upon termination and regardless of the reason(s) motivating such termination, your right to use the Services available on this Site will immediately cease. We shall not be liable to you or any third party for any claims for damages arising out of any termination or suspension or any other actions taken by us in connection therewith.
c. How to Terminate or Make Adjustments
If you, for any reason, would like to terminate your access to our Site or make adjustments, The Art Of Underwriting require written notice at least 30 days before your next billing date.
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12. Miscellaneous Provisions
a. Privacy
Personally identifiable information or aggregate information that you provide will be handled in accordance with The Art Of Underwriting's Privacy Policy (https://www.theartofunderwriting.com/privacy-policy).
b. International Use
Although this Site may be accessible worldwide, we make no representation that materials on this Site are appropriate or available for use in locations outside the United States. Those who choose to access this Site from other locations do so on their own initiative and at their own risk.
c. Governing Law
This Site (excluding any Third Party websites) is controlled by us from our offices in Delaware, and the statutes and laws of Delaware shall be controlling, without regard to the conflicts of laws principles thereof. You agree and hereby submit to the exclusive personal jurisdiction and venue of the appropriate federal/state court of Delaware with respect to such matters controlled by that court.
d. How to Send Notices to The Art Of Underwriting
All notices to a party shall be in writing and shall be made via email. Notices to us must be sent to the attention of Customer Service at [email protected]. You agree to allow us to submit notices to you either through the email address provided, or to the address we have on record.
e. Force Majeure
We shall be excused from liability for non-delivery or delay in delivery of products and Services available through our Site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to: labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation.
f. Savings Clause
If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
g. No Waiver
Any failure by us to enforce or exercise any provision of these Terms or related rights shall not constitute a waiver of that right or provision.
h. Entire Agreement
These terms and conditions constitute the entire agreement and understanding between the parties concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto.
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Contact Information:
The Art Of Underwriting
8th The Green, STE A
Dover, DE 19901 USA
Email: [email protected]
Phone: (302) 240-9918
Website: www.theartofunderwriting.com
Last Updated: September 18, 2025
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