Terms of Service and User Agreement
Last updated: September 2026
This document is an electronic record in terms of the Information Technology Act, 2000 and rules thereunder as applicable, as well as the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This platform, titled “Ensure” (including any web applications, mobile applications, APIs, and associated technology infrastructure, collectively referred to as the “Platform” or “Services”), is owned, operated, and maintained by MGM Innovations, a Partnership Firm registered under the Indian Partnership Act, 1932, having its principal place of business in Haldwani, Uttarakhand, India (hereinafter referred to as the “Firm”, “Partnership”, “We”, “Us”, or “Our”).
These Terms of Service (these “Terms”) constitute a legally binding agreement between the Firm and any person, entity, or licensed insurance professional accessing or using the Platform (hereinafter referred to as the “User”, “Subscriber”, “You”, or “Your”).
1. Definitions and Interpretation
- “Applicable Law” means all applicable statutes, laws, ordinances, regulations, rules, notifications, circulars, and executive orders issued by the Government of India, state authorities, the Insurance Regulatory and Development Authority of India (IRDAI), the Digital Personal Data Protection Act, 2023 (DPDP Act), the Information Technology Act, 2000, and consumer protection authorities.
- “Account Information” means all details provided by the User during registration, including full legal name, registered mobile number, email address, agency name, and IRDAI licensing credentials.
- “Client Data” means personally identifiable information (PII) and insurance-related records of the User’s existing or prospective clients, including full name, mobile number, email ID, date of birth, address, and policy schedules uploaded or keyed into the Platform by the User.
- “OCR / Parsing Data” means the algorithmic and machine-extracted metadata resulting from scanning uploaded insurance policy schedules and documents.
- “TSPs” (Third-Party Service Providers) means third-party vendors whose software, cloud infrastructure, optical character recognition engines, hosting servers, or communications gateways are utilized by the Firm to deliver the Services.
2. Nature of Service & Non-Intermediary Status
SaaS Productivity Infrastructure Only: Ensure is strictly a Business-to-Business (B2B) Software-as-a-Service (SaaS) or Technical Service Provider tool built to help licensed insurance intermediaries digitize their private workflow, manage client records, parse policy schedules, calculate indicative premiums, and review portfolio aggregates.
Non-Intermediary Declaration: The Firm is NOT an insurance company, insurance broker, corporate agent, web aggregator, or insurance intermediary registered under the IRDAI Act, 1999. Neither the Firm nor the Platform:
- Solicits, sells, binds, negotiates, or underwrites insurance policies;
- Receives, collects, or holds premium monies on behalf of any insurance company;
- Adjudicates or guarantees the settlement of insurance claims.
Independent Agency Operations: Any commercial transaction, advice, recommendation, or policy delivery between the User and their client is strictly a bilateral contract between the User (or their principal insurer) and the policyholder. The Firm is not a party to such transactions.
3. User Registration, Eligibility & Regulatory Licensing
- Eligibility: The Platform is intended solely for individuals of at least 18 years of age possessing full legal capacity to enter into binding contracts.
- Professional Licensing Warranty: The User represents and warrants that they possess an active, valid, and unencumbered license or certification issued by the IRDAI or an authorized insurer/broker (e.g., POSP certification, individual agency code, corporate agency license).
- Obligation to Update: In the event the User’s license expires, is cancelled, or is suspended by regulatory or judicial authorities, the User shall immediately cease utilizing the quotation generation and advisory-facing features of the Platform.
- Account Integrity: The User is solely responsible for maintaining the confidentiality of their login credentials and for all actions taken under their account. Unauthorized sharing of credentials or multi-user access under a single-seat license is expressly prohibited.
4. Module-Specific Terms and Conditions
Module 1: Premium Quotation Engine
- Indicative Estimations Only: All figures, riders, add-ons, discounts, loadings, tax estimates (GST), and premium breakdowns produced by the Platform are non-binding computational estimates.
- Sole Underwriting Discretion: Actual premium rates, discounts, loadings, waiting periods, and risk acceptance remain under the exclusive underwriting authority of the respective insurance company.
- Pre-Issuance Verification: The User has an affirmative duty to cross-check all system calculations against the official insurer portal or verified rate sheet before presenting figures to prospective policyholders or collecting payment.
- Attribution: Any export or quote presentation generated via the Platform must visibly display the User’s credentials as the issuing agent. The User shall never represent the Firm or Ensure as the quote-issuing or underwriting entity.
Module 2: Policy Upload & OCR Data Parsing
- “AS-IS” Parsing: Optical Character Recognition (OCR) and automated extraction of policy schedules (e.g., insurer name, policy number, policy start/end dates, Sum Insured, IDV, and premium) are provided on an “AS-IS” and “WITH ALL FAULTS” basis.
- No Guarantee of Absolute Accuracy: The Firm does not warrant 100% data extraction accuracy. Variations in scanned image clarity, insurer document layouts, watermarks, and font distortions can cause optical misinterpretations.
- Mandatory Human Verification: The User agrees to manually review, cross-verify, and validate all extracted data points against the original uploaded policy schedule before relying on digital policy cards, renewal trackers, or customer communications.
Module 3: Portfolio Management & Business Outlook
- Algorithmic Summaries: Metrics reflecting total policy counts, cumulative premium under management, renewal distributions, and operational forecasts are generated strictly from data inputted, uploaded, or confirmed by the User.
- No Actuarial, Tax, or Audit Assurance: The Firm does not audit the validity or legal status of the uploaded business records and offers no actuarial or audit warranty regarding commission balances, tax liabilities, or statutory compliance.
Module 4: Client Relationship Management (CRM) & DPDP Compliance
- Data Classification & Consent Warranty: In managing client profiles (names, mobile numbers, email addresses, dates of birth, addresses), the User explicitly represents and warrants that they have secured explicit, informed, and lawful consent from each client/data principal in accordance with the Digital Personal Data Protection Act, 2023 (DPDP Act) and applicable privacy guidelines before uploading or storing their personal and policy data on the Platform.
- Statutory Roles Defined: Under the DPDP Act, the User is the Data Fiduciary, bearing sole legal responsibility for the collection, purpose limitation, and lawful consent of client records. The Firm acts strictly as a Data Processor, processing data solely on the documented instructions and technical prompts of the User.
- Data Security & Privacy: The Firm implements industry-standard administrative, physical, and technical safeguards to secure stored Client Data. The Firm shall never sell, rent, monetize, or disclose the User’s proprietary client database to third-party insurance solicitors.
Module 5: Data Retention & Independent Backup Obligation
The Platform is not intended to serve as a permanent or exclusive digital archive. The User bears the absolute responsibility to maintain independent, local backup copies of all Client Data and uploaded policy schedules. The Firm assumes no liability for the deletion, corruption, or loss of any data due to technical failures, account termination, or cyber events.
5. Third-Party Service Providers (TSPs) & Software
- Infrastructure Integration: The Services may utilize software, cloud servers, or APIs provided by TSPs (including cloud hosting platforms, OCR engines, SMS gateways, and error monitoring software).
- TSP Disclaimers: The Firm does not endorse, warrant, or guarantee the uninterrupted availability of services provided by TSPs. The Firm shall not be liable for outages, delays, or data transfer failures directly resulting from third-party hosting failures, telecoms disruptions, or Force Majeure events.
6. Intellectual Property & Logo Restrictions
- Proprietary Rights: The Platform, its user interface, source code, underlying logic, design templates, documentation, and the “Ensure” trademark are the exclusive intellectual property of MGM Innovations.
- Insurer Trademarks: All third-party insurance company names, plan titles, and associated marks mentioned within the Platform are the intellectual property of their respective owners and are referenced solely under nominative fair use for identification purposes.
- Prohibition of Insurer Logos: The User is strictly prohibited from uploading, generating, watermarking, or distributing quotations or policy reports bearing unapproved official graphic logos or visual emblems of insurance companies, unless the User holds an express, written brand authorization directly from such insurer.
7. Fees, Subscriptions, and Cancellations
- Billing: Access to certain tiers or features of Ensure is provided on a subscription fee basis. All fees are quoted in Indian Rupees (INR) and are subject to applicable taxes, including GST.
- Renewals & Non-Refundability: Unless explicitly stated in a separate written service level agreement, subscription payments are non-refundable once the billing cycle commences. Failure to pay recurring subscription charges will result in the suspension or termination of access to premium modules. See the Pricing, Cancellation, and Refund Policy for full refund rules.
8. Suspension and Termination
The Firm reserves the right to immediately suspend or terminate the User’s account without prior notice if:
- The User violates any provision of these Terms or Applicable Law;
- The User conducts unlicensed insurance solicitation or misrepresents their regulatory standing;
- The User engages in scraping, reverse-engineering, security vulnerability probing, or abuse of the Platform’s infrastructure.
Upon termination, the User’s access rights cease immediately. The User is advised to regularly export and maintain local backups of their Client Data.
9. Disclaimer of Warranties
THE PLATFORM, DOCUMENTATION, OCR/LLM PARSING SERVICES, AND COMPUTATIONAL ENGINES ARE PROVIDED STRICTLY ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE FIRM (MGM INNOVATIONS), ITS PARTNERS, EMPLOYEES, AND TSPS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AND NON-INFRINGEMENT.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE FIRM MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR SPECIFIC PROFESSIONAL REQUIREMENTS; (II) THE PLATFORM WILL OPERATE UNINTERRUPTED, SECURELY, OR ERROR-FREE; (III) OCR EXTRACTION OF POLICY DOCUMENTS WILL BE 100% ACCURATE OR COMPLETE; OR (IV) ANY QUOTATION CALCULATION WILL BE ACCEPTED WITHOUT MODIFICATION BY AN INSURANCE UNDERWRITER.
10. Comprehensive Indemnity (Legal Protection)
The User agrees to indemnify, defend, and hold harmless MGM Innovations, its partners, designated partners, officers, employees, agents, and technology infrastructure providers from and against any and all claims, liabilities, damages, losses, penalties, expenses, and costs (including reasonable legal and attorney fees) arising out of or related to:
- Regulatory Action: Any notice, penalty, audit, or prosecution initiated by the IRDAI, consumer commissions, or statutory agencies resulting from unauthorized solicitation, unlicensed intermediation, or misrepresentation committed by the User.
- Pricing & Quotation Discrepancies: Any consumer grievance, premium rate dispute, or commercial loss arising from discrepancies between indicative estimates generated on Ensure and final underwritten insurer rates.
- Data Parsing & Management Errors: Any policy lapse, rejected claim, missed renewal date, incorrect IDV calculation, or financial dispute caused by the User’s failure to manually inspect and verify OCR/LLM-parsed policy records.
- Data Privacy & DPDP Breaches: Any complaint, regulatory fine, or legal liability arising from the User’s failure to obtain lawful, documented consent from policyholders prior to uploading their personal, financial, and policy details to the Platform.
- Breach of Terms or Intellectual Property: Any infringement of third-party copyrights or trademarks, including the unauthorized display or printing of insurance company logos on documents produced by the User.
11. Limitation of Liability
- Exclusion of Indirect Losses: Under no circumstances shall the Firm, its partners, or affiliates be liable for any indirect, special, incidental, punitive, or consequential damages, including loss of profits, loss of business goodwill, lost commissions, claim rejection losses, or data corruption, whether based on warranty, contract, tort (including negligence), or any other legal theory.
- Maximum Monetary Cap: Notwithstanding anything to the contrary contained in these Terms, the maximum aggregate liability of the Firm (MGM Innovations) to the User for any and all claims arising out of or related to the use of Ensure, regardless of the cause of action, shall be strictly capped at the total subscription fees actually paid by the User to the Firm in the three (3) months immediately preceding the event giving rise to liability, or INR 5,000 (Rupees Five Thousand Only), whichever is lower.
- Cyber Events & Hacking: The Firm implements reasonable, industry-standard administrative and technical safeguards to protect Client Data. However, no internet-based platform is completely secure. The User acknowledges that the Firm shall not be held liable for any data breaches, unauthorized access, hacking, ransomware attacks, or data theft conducted by malicious third parties, provided the Firm has not engaged in gross negligence.
12. Grievance Redressal Mechanism
In accordance with the Information Technology Act, 2000 and the Consumer Protection (E-Commerce) Rules, 2020, the details of the designated Grievance Officer for the Platform are as follows:
- Designation: Grievance Officer / Compliance Head
- Firm Name: MGM Innovations
- Email Address: support@mgminnovations.com
Any formal complaints, regulatory notices, or copyright concerns will be acknowledged within 48 hours and addressed within the timelines stipulated under Applicable Law.
13. Governing Law and Dispute Resolution
- Governing Law: These Terms shall be governed by, construed, and interpreted in accordance with the laws of the Republic of India.
- Exclusive Jurisdiction: Any dispute, controversy, claim, or difference arising out of or in connection with the Platform or these Terms shall be subject to the exclusive jurisdiction of the competent civil courts situated in Haldwani, Uttarakhand, India.
14. Miscellaneous
- Severability: If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
- Force Majeure & Service Disruptions: The Firm shall not be responsible for any delayed performance, downtime, or disruption of Services caused by events beyond its reasonable control, including but not limited to internet service provider failures, third-party server outages (e.g., AWS, Azure down), telecommunications breakdowns, severe cyber-attacks, government mandates, or acts of God.
- Modifications: The Firm reserves the right to amend or update these Terms periodically. Continued use of the Platform after the publication of revised Terms shall be deemed as acceptance of such changes.
- Entire Agreement: These Terms, along with the Platform Privacy Policy, constitute the complete and exclusive understanding between the User and MGM Innovations concerning the Platform.
