FITINSUR DESENVOLVIMENTO E LICENCIANO DE SISTEMAS LTDA. legal entity governed by private law, registered with CNPJ/MF nº 35.673.721/0001-47, headquartered at Rua Gomes de Carvalho, 911 – 1° Andar, Vila Olímpia, CEP 04547-003, São Paulo – SP, hereinafter called fitinsur .
fitinsur is a multilateral SaaS insurance sales and management platform that aims to connect agents throughout the insurance chain to streamline their processes and provide a better experience to their customers.
These Terms and Conditions of Use (“Term”) are intended to guide access and use, in addition to establishing the conditions for you to make proper use of the Site, the Platform and the services offered therein.
Any doubts generated by these terms may be resolved through the email address firstname.lastname@example.org.
fitinsur publishes on its internet pages the most recent information about insurance, products and services offered and other information regarding the functioning of the Platform, vision and products offered by fitinsur. It is informed, however, that fitinsur reserves the right to add, delete or modify information contained in the fitinsur Internet pages at any time, without prior notice.
Information about the insurance offered by partner insurers, as well as any benefits, assistance, deductibles, coverage and exclusions may undergo modifications and alterations, in accordance with changes that insurers may make to their products.
Any refusals, assessments, delays or delays in the service provided by the insurers will not be the responsibility of fitinsur, with our only responsibility being to mediate between the Broker, the Advice, the MGA and the Insurers, as well as we will not be responsible for any delays and/or or delay in issuing a policy, delay in issuing invoices or any procedures related to claims, which are the sole responsibility of insurance companies.
fitinsur, as a SaaS Platform, is not responsible for ensuring the accuracy, effectiveness, timeliness or adequacy of the products offered by the insurers, being responsible for promoting the products offered by them, according to the information provided to us.
Upon completion of your registration, you will be granted a login and password for personal and non-transferable use of the Platform, and you hereby agree and accept this condition.
You also agree not to corrupt or intercept any electronic information published or stored on our pages and/or servers, also agreeing not to circumvent any security measure offered by fitinsur, complying with all relevant municipal, state, federal and international laws and regulations.
You also accept that indirect personal data may be collected during access and use of our Site or Platform, such as access number and other identifiers (e-mail, IP, among others); access history to P
available digital platforms, with date, time, IP, Logical access port, session duration and access logs, usage actions and contracting of products and services.
Declares that it is aware that personal data may also be collected from third-party databases or public databases, with the purpose of complying with laws and regulations of the insurance sector, elaboration of an insurance proposal or policy, credit analysis and fraud prevention and consents to the collection of sensitive personal data that you have provided directly or that you have made public in internet applications. Data received from partners or public databases may include: Full name, personal documents (CPF, RG, etc.), contact data (e-mail, address, telephone, identifiers of communication applications and social networks), affiliation, marital status, spouse data, professional data, financial data, property information, copies of documents and biometric data.
While we are in possession of your information, this may be provided to the competent authorities for collaboration in investigations or judicial proceedings, even if preparatory or precautionary, as long as required and permitted by law.
When contracting insurance through the fitinsur Platform, the user is aware that the acceptance of insurance depends solely and exclusively on the chosen insurer.
No confidentiality relationship will be established in comments, suggestions, questions, answers, ideas or any communication that is sent by users of the fitinsur Site, the sender being responsible for any information to fitinsur including its veracity and accuracy and for the non-infringement of rights property or privacy of others.
The user declares to assume all responsibility for the veracity, accuracy and timeliness of the information entered in forms available on the pages of the Site or on the fitinsur Platform, recognizing that any false, untrue, incomplete, outdated or incorrect information may lead to an error in risk assessment involved, in the acceptance of the proposal and/or in the calculation of the insurance premium by the chosen insurer, which may result in the loss of the right to the contracted insurance, pursuant to Articles 765 and 766 of the Brazilian Civil Code.
fitinsur reserves the right to interrupt, at any time, part or all of its Site, as well as modify it without prior notice.
The information, documents and images published on the Site and Platform of fitinsur (called “Information”) are the exclusive property of fitinsur, except for information provided by third parties under contract with fitinsur. The use of this information is permitted, provided that:
• The above copyright notice appears on all copies;
• Use of the Information is solely for informational, non-commercial or personal purposes;
• The Information acquired does not undergo any modification; and
• No design or image available on fitinsur’s Internet pages is used separately from the accompanying text.
fitinsur is not responsible for content provided by third parties, and the user of the Site is not authorized to distribute such materials without the express permission of the copyright holder mentioned therein.
There is no express or implied grant of license or right to any person relating to any patent, copyright, trademark or other proprietary right of fitinsur, except as permitted above.
None of the trademarks or trade names, brand images or insurance, products or services offered by fitinsur displayed on the Internet pages may be used without our prior written authorization.
PRIVACY AND SECURITY
You acknowledge and agree that, when forwarding personal information that identifies you or identifies third parties to fitinsur’s Internet pages, although we have resources installed to prevent unauthorized access or interception of your information, there is no absolute guarantee of security in the use of the internet .
IN THE UNLIKELY EVENT OF INTERCEPTION OR UNAUTHORIZED ACCESS, DESPITE OUR EFFORTS, FITINSUR WILL NOT BE RESPONSIBLE FOR SUCH INTERCEPTIONS OR UNAUTHORIZED ACCESS, OR FOR ANY DIRECT, INDIRECT, MORAL DAMAGES OR LOSS OF PROFITS SUFFERED BY A USER OF THE SITE OR BY THE 3RD. ALTHOUGH WE MAY BE ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES, FITINSUR DOES NOT WARRANT, EXPRESS OR IMPLIED, THAT THE INFORMATION PROVIDED BY ANY USER WILL NOT BE INTERCEPTED
OR UNAUTHORIZED ACCESS.
EACH USER IS RESPONSIBLE FOR SAFEGUARDING AND MAINTAINING THE CONFIDENTIALITY OF HIS ACCESS PASSWORD TO EVENTUAL INTERNET PAGES AND THE FITINSUR PLATFORM FOR PRIVATE USE, SUBJECT TO COMPLIANCE WITH ALL LEGALLY VALID TRANSACTIONS CARRIED OUT IN HIS NAME. THEREFORE IF, FOR ANY REASON, THE CONFIDENTIALITY OF YOUR PASSWORD IS COMPROMISED, IMMEDIATELY CHANGE IT, ALTERING YOUR REGISTRATION DATA THAT WERE DELIVERED TO FITINSUR, AND CONTACT US THROUGH THE EMAIL ADDRESS CONTATO@FITINSUR.COM.
LIMITATION OF LIABILITY
Fitinsur’s internet pages, their content and the insurance, products and services offered on or through them are provided “as is” and “as available”, with all possible flaws.
Under no circumstances will fitinsur, its commercial partners, suppliers or their respective directors, employees be liable for any damage, of any kind, under any legal theory, related to or resulting from the use or misuse of fitinsur’s internet pages, their content, any insurance or product offered or service provided by or through the fitinsur internet pages or any related page.
fitinsur is not responsible for the acquisition, availability, operation, updating or maintenance of any equipment required outside its network to access and use the Site or Platform, and all costs and expenses related to them are the responsibility of the User. .
Without prejudice to other disclaimers described in this document, fitinsur cannot be liable for:
• For any unavailability, errors or failures of the Site or Platform, as well as for any defrauding of the usefulness that the User may have attributed to it, for its fallibility, or for any difficulty in accessing it;
• For any incompatibility of the Site or Application with hardware and/or program components installed on your hardware or device;
• For services or products offered by partners or any third parties, including with regard to their availability, quality, quantity, essential characteristics, offers, prices, validity of the offer, payment methods or any other elements relating thereto;
• For any losses suffered by Users as a result of decision-making based on the Content or information made available on the Site or Platform
• For damage caused by hackers and/or harmful programs/code to the Software, such as, but not limited to, viruses, worms, denial attacks, trojans, spyware, adware, phishing, rootkits, ramsoware, botnets, browser or any other contaminating or destructive program.
Fitinsur does not guarantee that:
• the functions contained in the Site and Platform meet the User’s needs;
• the availability of the Site will be uninterrupted or error-free;
• any functionality will remain available;
• the Site will be compatible with or work with any third party Software, applications or services.
The district court of the city of São Paulo, State of São Paulo, is elected to resolve any issues arising from the use of the Fitinsur Site, with express waiver of any other, however privileged it may be or come to be.
• Platform: fitinsur’s multilateral portal for quotes and insurance management, the exclusive property of fitinsur, through which the entered data will be copied, as well as managed and handled in an automated manner.
• Personal Data: any data relating to an individual or legal entity or data that may identify the holder or influence decisions about them, such as, but not limited to: identification numbers, geolocation, navigation data, etc. (data indirect personal)
• Acceptance: Approval of the proposal presented by the Insured and issuance of the relevant policy.
• Policy: It is the instrument of the insurance contract that contains the General Conditions, Additional Coverages and Specific Clauses that govern it, as well as information about the insured object or asset.
• Claim Notice: This is one of the Insured’s obligations, who must notify the Insurer of any claim as soon as it becomes aware of it.
• Cancellation: Early dissolution of the insurance contract, in its entirety, due to the loss of the Insured’s right or legal determination, or partially, in relation to a certain coverage, in the case of reimbursement corresponding to the Maximum Limit of Guarantee thereof. The cancellation of the insurance by agreement between the parties is called “Termination”.
• Specific Clause: Supplementary clause, added to the contract, modifying the coverage, but without generating an additional premium.
• Additional Coverage: Coverage added to the contract, optionally, by charging an additional premium.
• General Conditions: Set of contractual clauses that establish obligations and rights of the Insured and the Insurer.
• Intentional Bad Faith: any conscious act through which someone induces, maintains or confirms another in error; deliberately directed will to obtain a criminal result.
• Endorsement: It is a document, issued by the Insurer, through which data and conditions of a policy are changed, in agreement with the Insured.
• Object of Insurance: It is the generic designation of any insured interest, whether things, people, assets, responsibilities, obligations, rights or guarantees.
• Premium: It is the amount paid by the Insured, or proposing stipulator, to the Insurer, in exchange for the transfer, to this, of the risk to which he is exposed.
• Applicant: Is the person, natural or legal, who intends to take out the insurance, filling out and signing a proposal.
• Proposal: Document completed and signed by the applicant, when contracting the insurance, which lists the data that must be included in the policy and the information, true and complete, about the risks to be covered.
• Regulation and Settlement of Claims: It is the process of calculating the losses suffered by the Insured, and whose purpose is to establish the Insurer’s responsibility and the bases of indemnities.
• Covered Risk: It is the random event, provided for in the insurance contract, whose occurrence causes economic damage to the Insured.
• Excluded or Not Covered Risks: These are the risks that the contract removes from the Insurer’s responsibility. Excluded risks can be generic, when listed in the General Conditions of the policy, and specific, when listed in the Special Conditions.
• Insured: It is the natural or legal person who, having an insurable interest, takes out insurance for his/her personal benefit or that of a third party.
• Insurer / Insurer: Is the one who issues a policy, assuming responsibility for the risks contained therein, upon payment of a premium by the Insured.
• Claim: It is the occurrence of risk provided for in the contract (policy).
• Subrogation: It is the right that the law grants to the Insurer, who paid the indemnity to the harmed third party, owner of the goods or merchandise, and, possibly, the reimbursement of expenses to the Insured, to assume the latter’s rights against third parties, responsible for the losses.