Subscriber Usage Agreement
BindBase Platform · Effective Date: July 10, 2026
1. Platform Access Grant
Subject to the terms of this Agreement and timely payment of applicable subscription fees, PCFG grants Subscriber a limited, non-exclusive, non-transferable, revocable license to access and use the BindBase Platform solely for the purpose of quoting and placing eligible commercial lines insurance products.
This license does not include the right to sublicense, resell, or otherwise transfer Platform access to any third party.
2. Subscriber Tier Selection
Subscriber shall elect one of the following access tiers at the time of registration:
Under this tier:
- (a)Subscriber accesses commercial lines quoting using carrier appointments held by PCFG Insurance Services LLC;
- (b)PCFG serves as the licensed agency of record for all business placed through PCFG carrier codes;
- (c)Subscriber shall not represent to clients or carriers that they hold the underlying carrier appointment;
- (d)Commission arrangements, if applicable, shall be documented in a separate Commission Schedule attached hereto as Exhibit A;
- (e)All policy servicing, endorsements, and cancellations must be coordinated through PCFG;
- (f)Subscriber remains the client-facing producer and retains responsibility for accurate application submission and client disclosure in compliance with Wyoming Statutes Title 26 and applicable state law.
Under this tier:
- (a)Subscriber accesses commercial lines quoting technology using their own carrier appointments and producer codes;
- (b)PCFG does not serve as agency of record and has no responsibility for policy placement, servicing, or compliance under Subscriber’s appointments;
- (c)Subscriber is solely responsible for maintaining valid carrier appointments in all applicable states;
- (d)No commission sharing arrangement exists between Subscriber and PCFG under this tier unless separately documented in writing.
3. Subscriber Obligations
Subscriber agrees to:
- (a)Maintain active, valid P&C producer licenses in all states where the Platform is used for client quoting, including compliance with Wyoming Statutes § 26-9-101 et seq. governing insurance producer licensing;
- (b)Maintain professional liability (E&O) insurance with minimum limits of $1,000,000 per occurrence / $1,000,000 aggregate, or such higher limits as may be required by applicable carrier agreements;
- (c)Provide PCFG with proof of licensure and E&O coverage upon request and within 5 business days of any renewal;
- (d)Ensure all client information submitted through the Platform is accurate, complete, and authorized by the client;
- (e)Comply with all applicable state and federal insurance laws, including Wyoming’s anti-rebating statutes under Wyoming Statutes § 26-13-107, disclosure requirements, and unfair trade practice laws;
- (f)Immediately notify PCFG of any regulatory action, license suspension, or E&O claim that may affect Subscriber’s ability to use the Platform.
4. PCFG Obligations
PCFG agrees to:
- (a)Maintain Platform availability with commercially reasonable uptime, targeting 99% monthly availability excluding scheduled maintenance;
- (b)Provide Subscriber with access to supported commercial lines quoting markets as made available through the Platform from time to time;
- (c)Notify Subscriber of material changes to Platform features, carrier availability, or subscription terms with reasonable advance notice;
- (d)Maintain appropriate data security measures to protect Subscriber and client information processed through the Platform;
- (e)Provide Subscriber support during standard business hours via the designated support channel.
5. Fees and Payment Terms
5.1 Subscription Fee. Subscriber shall pay the monthly subscription fee applicable to their elected tier as set forth in the current BindBase Pricing Schedule. Fees are due in advance on the first day of each subscription month.
5.2 Payment Method. Subscriber authorizes PCFG to charge the payment method on file for all subscription fees. Subscriber is responsible for maintaining valid payment information.
5.3 Late Payment. Accounts with failed payments will receive a 5-day grace period. Access will be suspended on day 6 if payment is not resolved. Accounts suspended more than 30 days may be terminated.
5.4 Disputed Charges. Subscriber must notify PCFG of any disputed charge within 30 days of the billing date. Disputes submitted after 30 days will not be considered.
6. Confidentiality
Each party acknowledges that in connection with this Agreement they may receive confidential information of the other party. Each party agrees to: (a) hold such information in strict confidence; (b) not disclose confidential information to third parties without prior written consent; and (c) use confidential information solely for purposes of performing under this Agreement.
Confidential information does not include information that: (i) is or becomes publicly known through no breach of this Agreement; (ii) was rightfully known to the receiving party prior to disclosure; or (iii) is required to be disclosed by law or regulatory authority, including the Wyoming Department of Insurance.
7. Compliance with Insurance Law
Subscriber acknowledges that the Platform is a technology tool and does not constitute insurance advice, carrier binding authority, or legal guidance. Subscriber remains solely responsible for ensuring that all insurance transactions conducted using the Platform comply with Wyoming Statutes Title 26 and all other applicable state insurance laws and regulations.
PCFG does not guarantee the accuracy, completeness, or current applicability of any carrier rates, forms, or underwriting guidelines accessible through the Platform. Subscriber must independently verify all information before binding coverage.
8. Audit Rights
PCFG reserves the right, upon 5 business days written notice, to audit Subscriber’s use of the Platform to verify compliance with this Agreement. Subscriber shall cooperate with any such audit and provide reasonable access to relevant records. PCFG’s audit rights are in addition to, and do not limit, any rights of the Wyoming Department of Insurance or other regulatory bodies.
9. Term and Termination
9.1 Term. This Agreement commences on the date of Subscriber’s account activation and continues on a month-to-month basis unless earlier terminated.
9.2 Termination for Convenience. Either party may terminate this Agreement upon 30 days written notice. Subscriber’s access will continue through the end of the current paid subscription period.
9.3 Termination for Cause. PCFG may terminate this Agreement immediately upon written notice if Subscriber: (a) materially breaches this Agreement and fails to cure within 10 days of notice; (b) loses required licensure or E&O coverage; (c) engages in fraudulent conduct including violations of Wyoming Statutes § 26-13-101 et seq.; or (d) violates applicable insurance law.
9.4 Effect of Termination. Upon termination, Subscriber’s Platform access ceases. Subscriber remains obligated to service any in-force policies placed through the Platform. Sections 6, 7, and 10 survive termination.
10. General Provisions
10.1 Governing Law. This Agreement is governed by and construed in accordance with the laws of the State of Wyoming, without regard to its conflict of law principles. The parties consent to the exclusive jurisdiction of the state and federal courts located in Laramie County, Wyoming.
10.2 Dispute Resolution. Any dispute arising under this Agreement shall first be submitted to good-faith mediation in Cheyenne, Wyoming. If unresolved within 60 days, disputes shall proceed to binding arbitration under the American Arbitration Association rules, conducted in Cheyenne, Wyoming.
10.3 Entire Agreement. This Agreement, together with the BindBase Terms of Service and applicable Pricing Schedule, constitutes the entire agreement between the parties regarding Platform access and use.
10.4 Amendment. This Agreement may only be amended by written agreement signed by authorized representatives of both parties.
10.5 Waiver. Failure to enforce any provision of this Agreement does not constitute a waiver of the right to enforce it in the future.
10.6 Severability. If any provision of this Agreement is found invalid or unenforceable under Wyoming law, it shall be modified to the minimum extent necessary to make it enforceable. Remaining provisions continue in full force and effect.
10.7 Notices. All notices under this Agreement shall be in writing and delivered via email to the addresses on file, with confirmation of receipt required for notices of termination or breach.
Signatures
By activating a BindBase subscription, Subscriber acknowledges that they have read, understood, and agree to be bound by this Usage Agreement and the BindBase Terms of Service.