Legal Framework Governing Use of Clinch Insurance Technology Solutions
Legal Details
These Legal Details govern the use of all platforms, digital products, applications, and services (“Services”) provided by Clinch (“Company,” “we,” “our,” or “us”). By accessing or using our Services, you acknowledge that you have read, understood, and agreed to be bound by the terms described herein. If you do not agree to any part of these Legal Details, you must discontinue use of the Services immediately. These terms apply to all users, including insurers, brokers, corporate clients, partners, and any authorized individuals accessing or interacting with the Company’s systems.
1. Scope of Services
Clinch delivers digital insurance solutions including, but not limited to, health insurance platforms, digital aggregation tools, commission automation systems, client experience analysis modules, and related consultancy, integration, and support services. These Services are intended to assist insurers and organizations in managing internal processes but do not constitute legal, financial, medical, or actuarial advice unless expressly agreed in writing.
All outputs, analytics, insights, or recommendations generated by our platforms are based on data inputs provided by the user or by third-party systems connected to the user’s environment. The Company is not responsible for the accuracy, completeness, or validity of external data sources.
2. User Responsibilities
Users are responsible for ensuring that any information, documents, or data uploaded into the system are accurate, lawful, and compliant with applicable regulations. Users agree not to upload confidential or personal data that they do not have the authorization or legal rights to share.
Users further acknowledge that system configurations, coverage selections, rating options, incentive structures, and approval rules are controlled by their organization. The Company is not liable for misconfigurations or incorrect settings resulting from user-defined parameters.
3. Intellectual Property
All intellectual property rights in the Services—including all software, algorithms, dashboards, reports, trademarks, user interfaces, text, graphics, and underlying technology—belong to the Company or its licensors. No license is granted to users except for a limited, revocable, non-transferable right to use the Services in accordance with these Legal Details.
Users may not modify, distribute, copy, reverse engineer, or create derivative works based on the Services without explicit written authorization.
4. Data Protection and Privacy Compliance
The Company is committed to safeguarding personal data in accordance with applicable data protection laws, including GDPR, UAE DP Law, and any relevant regional legislation where the Services are deployed.
User organizations remain controllers of the data they upload. The Company acts as a processor with respect to personal or sensitive data processed by the platform and will only process such data based on documented instructions from the user.
All data stored, transmitted, or processed by the Services is subject to encryption, access limitations, audit logging, and security monitoring aligned with industry best practices for insurance-technology systems.
5. Third-Party Integrations
The Services may integrate with third-party insurers, TPAs, finance systems, payment gateways, identity providers, or other approved partners. While the Company facilitates such integrations, it does not control third-party systems and is not responsible for their performance, uptime, data accuracy, or data protection posture.
Users acknowledge that data shared with external providers during such integrations is governed by those providers’ terms.
6. System Availability and Maintenance
The Company will use commercially reasonable efforts to ensure high availability of the Services. Scheduled maintenance windows may occur, during which functionality may be limited. Emergency maintenance may be performed without prior notice if required to protect system integrity or user data.
The Company does not guarantee uninterrupted availability and will not be liable for interruptions caused by internet failures, hosting issues, user-side technical problems, or force majeure events.
7. Limitation of Liability
To the maximum extent permitted by law, the Company shall not be liable for:
– indirect, incidental, punitive, special, or consequential damages
– loss of revenue, profits, data, or business opportunity
– errors resulting from third-party systems or incorrect user configurations
– delays or failures caused by force majeure or external infrastructure
Total liability for any claim arising under these terms shall not exceed the fees paid by the user in the preceding twelve months.
8. Disclaimers
The Services are provided on an “as-is” and “as-available” basis. The Company disclaims all warranties—express or implied—including warranties of merchantability, fitness for a particular purpose, system performance, or accuracy of generated analyses.
The Company does not provide insurance, brokerage services, underwriting, legal advice, medical assessments, or financial recommendations unless explicitly stated in a separate written agreement.
9. User Conduct and Acceptable Use
Users may not:
– use the Services for unlawful activities
– attempt unauthorized access to our systems
– upload harmful code, malware, or content designed to disrupt operations
– misuse reports, insights, or analytics for discriminatory or non-compliant decision-making
– violate intellectual property or privacy rights
The Company reserves the right to suspend or terminate access for violations.
10. Confidentiality
Both parties agree to maintain the confidentiality of proprietary business information, system designs, client data, and operational frameworks exchanged during the use of the Services. Confidentiality obligations survive the termination of user access.
11. Modification of Terms
The Company may update these Legal Details at any time. Continued use of the Services after changes are posted constitutes acceptance of the revised terms. Users are encouraged to review this page periodically.
12. Governing Law and Jurisdiction
These Legal Details shall be governed by and interpreted in accordance with the laws of the jurisdiction in which the Company is legally established. Any disputes shall be resolved through negotiation; if unresolved, they will be submitted to the exclusive jurisdiction of the courts of that jurisdiction.
13. Contact Information
For questions regarding these Legal Details or data protection matters, users may contact the Company using the details provided on the official website.