Luna: Acceptable Use Policy & Platform Terms

1. About this Policy

1.1. This acceptable use policy and platform terms (Policy) governs (among other things) how any person (whether a legal person or an individual, a User) that is authorised to access and/or use:

1.1.1.the platform known as the LUNA™ (the Platform);

1.1.2.any and all ancillary or incidental services in connection with the Platform (the Platform Services); and

1.1.3.any associated sites, materials, documentation (including user documentation, requirements, training materials and guides), data or information in each case, which are provided or made available (including on the Platform) by or on behalf of (whether directly or indirectly), Tide Opco Limited and/or any of its (the Platform Materials),

1.2.(together, the Platform Offering) may access and use (to the extent of that authorisation) the Platform Offering.

1.3.You should read this Policy carefully before accessing or using, or permitting the access or use of, the Platform Offering (or any part of it).

1.4. The following additional policies, may also apply to your access and use of the Platform Offering:

1.4.1.Our Privacy Policy https://tideinsurance.com/privacy-policy/, which explains how we collect, use and store your personal data.

1.4.2.Our Cookie Policy https://tideinsurance.com/cookies-policy/, which sets out information about the cookies on our site.

2. About us

2.1.In this Policy: "we", "us", "our" or "Tide Insurance" means each or any of (as the context may require):

2.1.1.Tide OpCo Ltd, a company registered in England and Wales under company registration number 15574343. Registered office: 71 Fenchurch Street, London EC3M 4BS, United Kingdom and FRN 1015471;

2.1.2.TGH Tide Europe GmbH, a company registered in Germany under company registration number HRB 187244, with a registered office at Hohe Bleichen 8, 20354 Hamburg. Germany; and

2.1.3.our other affiliates from time to time.

2.2.Each of Tide OpCo Ltd and each of its affiliates shall have the right to enforce this Policy.

3. About you

3.1.Tide Insurance has, by way of the agreement of terms and conditions in respect of the Platform Offering, granted certain of its customers/clients (any such customer/client which are a party to any such terms and conditions, an "Authorised Broker") the right for certain of their authorised employees or individual contractors to access and use the Platform solely to the extent necessary for the internal business purposes of the Authorised Broker and strictly for the purposes of requesting Quotes for, and arranging, on behalf of its customers and clients, insurance policies and thereafter making mid-term adjustments (including cancellations) and renewals of such insurance policies (in each case, to the extent such functionality is made available on the Platform). In this Policy we refer to the terms and conditions in respect of the Platform Offering which are in force and effect between Tide Insurance and any Authorised Broker as the "Broker Terms and Conditions".

3.2.This Policy is binding on:

3.2.1.any individual accessing or using all or any part of the Platform or the Platform Offering; and

3.2.2.the Responsible Person in respect of each such individual,

3.3.(each of the foregoing, "you" or "your").

3.4.The "Responsible Person" in respect of any individual User is a reference to any legal person employing or engaging an individual User (whether directly or indirectly), and includes an Authorised Broker.

4. Your agreement to, and changes to, this Policy

4.1.By accessing or using any part of the Platform Offering or otherwise indicating your consent or agreement to or, in the case of Responsible Persons, permitting or requesting any User in respect of which you are a Responsible Person to access or use any part of the Platform Offering in connection with their duties, you agree to be bound by this Policy, which supplements any other terms and conditions agreed between you and Tide Insurance or as otherwise applicable between you (or any person which employs or engages you in relation to which you are accessing or using the Platform) and us (including any website terms of use) or any of our customers or clients. Compliance with these terms is a condition of your access and use of the Platform Offering (or any part thereof). If you do not agree with or accept any part of this Policy, you must stop accessing and using all or any part of the Platform Offering immediately.

4.2.We reserve the right to change this Policy from time to time. You should save a copy of this Policy for future reference.

5. Acceptable Use

5.1.You agree not to access, use, or encourage, promote, facilitate, permit or instruct others to access or use (or attempt to access or use), the Platform (or any data or information thereon) or the Platform Offering:

5.1.1.for any illegal, harmful, fraudulent, infringing or offensive use, or to transmit, store, display, distribute or otherwise make available content that is illegal, harmful, fraudulent, infringing or offensive. Prohibited activities or content include (without limitation):

5.1.1.1.any activity that is illegal, that violates the rights of others, or that may be harmful to others, or to Tide Insurance's operations or reputation, including engaging in, facilitating or committing any act of fraud;

5.1.1.2.uploading to the Platform or using on the Platform content that infringes or misappropriates the intellectual property or proprietary rights of others or otherwise engaging in any activity that infringes or misappropriates the intellectual property or proprietary rights of others;

5.1.1.3.content that is defamatory, obscene, abusive, harassing, invasive of privacy, or otherwise objectionable, including content that constitutes pornography (including child pornography, relates to bestiality, or depicts non-consensual sex acts);

5.1.1.4.distributing, accessing, storing or transmitting any viruses, vulnerabilities, malware or other harmful or unauthorised software, code or process or otherwise surreptitiously intercepting, or expropriating any system, program, or data; and

5.1.1.5.engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit or other payment cards, and pirating software;

5.1.2.to engage in any activity that violates privacy, publicity, or other personal rights of others, including processing any personal data other than in accordance with data protection and privacy laws. In addition you will ensure that all information (including fair processing information) has been provided, all consents and permissions have been obtained, and all necessary grounds and lawful grounds have been identified and are valid, for the processing of personal data;

5.1.3.save to the minimum extent permitted by applicable law:

5.1.3.1.in order to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, distribute, translate, localise, adapt, rent, lease, loan, create or prepare derivative works of, all or any portion of the Platform Offering in any form or media or by any means; or

5.1.3.2.attempt to de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Platform;

5.1.4.

5.1.4.1.in order to build or enhance a competitive product or service;

5.1.4.2.in order to build or enhance a product or service using similar ideas, features, functions or graphics of the Platform or any Platform Materials (in whole or in part); or

5.1.4.3.to copy any ideas, features, functions or graphics of (in whole or in part) the Platform or the Platform Materials; or

5.1.4.4.in any manner that is or may be competitive to Tide Insurance from time to time, or disclose or permit or provide access to any confidential information of Tide Insurance (including any part of the Platform or any Platform Materials) to any person or entity which is a competitor to Tide Insurance;

5.1.5.for the purposes of promoting unsolicited advertising or bulk messages or sending spam, or do any thing that causes a performance degradation to any systems or facilities used to provide the Platform;

5.1.6.in breach of any agreement that you or your Responsible Person(s) has with Tide Insurance;

5.1.7.in any manner, whether lawful or unlawful, that Tide Insurance otherwise reasonably determines to be harmful to Tide Insurance's or to its end users' operations, reputation, goodwill, or customer relations;

5.1.8.to provide services to any third party (other than as envisaged in paragraph 3.1) or otherwise commercialise or attempt to commercialise (whether for money or other consideration) all or any part of the Platform Offering or access or use the Platform as an application software provider or in any time-sharing or other commercial arrangement of any kind that makes the Platform (or all or any part of the Platform Offering) available to third-parties primarily for the third party's own uses; or

5.1.9.permit, assist or authorise any person other than the Platform User to participate in the Platform or otherwise use the Platform for its own purposes.

5.2.You agree that: (a) Tide Insurance does not accept any responsibility for injury to its Users or any Responsible Person that results from any material or information created, stored, maintained, transmitted, or accessible on or through the Platform; and (b) Tide Insurance is not obligated to review, edit, censor, or take responsibility for any information or data any users of the Platform may upload to, or create using, the Platform.

6. Access, Security and other Considerations

6.1.You agree that you must not (or attempt to or permit anyone to):

6.1.1.modify, interfere with, or disrupt the security, integrity or performance of the Platform or any data or information on the foregoing (or do or omit to do anything that may have such impact), including making any attempt to gain access to, breach the security of, or make modifications to, the Platform, or any interfaces hosted by or on behalf of Tide Insurance (or any data or information on or processed by the foregoing) which is not expressly authorised in writing by the Platform Provider and for bona fide purposes;

6.1.2.attempt to obtain, or assist third parties in obtaining, unauthorised access to or use of, or interfere with the proper working of, the Platform (or any part thereof or any data or information thereon) or any associated or other website, computer system, server, router or any other interconnected device, including any attempt to circumvent password or user authentication methods, or any security, licence control or other protection mechanism or attempting to penetrate security measures of another individual's system (often known as "hacking") or any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity);

6.1.3.introduce or permit the introduction of, any virus or vulnerability into the Platform or the Platform Offering;

6.1.4.permit any client or customer (including any actual or potential insured) to access, engage, use or view the Platform, any service desk provided or made available by or on behalf of Tide Insurance, or any information or data thereon.

6.2.You agree that you must not (or attempt to or permit anyone to) access or use the Platform other than: (a) through the url provided or made available by or on behalf of us from time to time for access to and use of the Platform; (b) by an individual user (being a natural person); and (c) using manually conducted, discrete, individual activities or via tools provided by us and expressly approved in writing by us for use with the Platform (and to the extent of that approval).

6.3.You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to the Platform or any services provided via, or in relation to, the Platform for any purpose, including the development, training, fine-tuning or validation of AI systems or models. This includes using (or permitting, authorising or attempting the use of): (a) any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of our site or any data, content, information or services accessed via the same; (b) any automated analytical technique aimed at analysing text and data in digital form to generate information or develop, train, fine-tune or validate AI systems or models which includes but is not limited to patterns, trends and correlations. The provisions in this paragraph should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of the Digital Copyright Directive ((EU) 2019/790). This clause will not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.

7. User IDs and Passwords

7.1.You shall be responsible for, and shall: (i) keep User IDs and passwords confidential at all times; and (ii) not disclose such password or permit anyone else to use such User ID or password (including any person to which the password and the user ID is not assigned). You will take all reasonable measures to prevent any known, attempted or suspected unauthorised access or use of the Platform (including ensuring that all user ID, passwords and other access details remain confidential and only known to authorised users) and will promptly notify us if any actual or attempted unauthorised use or access to the Platform (or any other element of the Platform Offering) occurs.

8. Breaches, Investigations and Suspension

8.1.By breaching some of the provisions of this Policy, you may commit a criminal offence.

8.2.You agree to: (a) promptly notify us if you become aware of any breach of this Policy (whether by you individually, any Responsible Person, Authorised Broker or otherwise); and (b) promptly comply with any request by or on behalf of us in respect of any investigation into any violation of this Policy and/or preventative or corrective action that Tide Insurance deems necessary in connection with the Platform Offering and provide full assistance, co-operation and assistance in connection therewith.

8.3.Tide Insurance may investigate any actual or suspected violation of this Policy or any applicable Broker Terms and Conditions. Tide Insurance may, without limitation and at its discretion: (a) suspend access to the Platform, the Platform Services and/or the Platform Materials, or quarantine, delete or modify any content, data or resource that violates this Policy or that Tide Insurance suspects may violate this Policy (or require that the User or Responsible Person quarantine, modify or delete any data) or is or may be infected with any virus or vulnerability; or (b) report any activity that Tide Insurance suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Tide Insurance's reporting may include disclosing appropriate information in respect of its customers, Users or Responsible Persons (including the identity of the same). Tide Insurance also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of this Policy.

8.4.You agree that Tide Insurance may also suspend access or use of the Platform Offering (or any part thereof), and/or any functionality on the Platform (and whether on an individual User(s), Authorised Broker(s) or whole Platform basis) if Tide Insurance considers that such suspension is necessary and desirable to ensure the integrity, security, functionality, operation, user experience or reputation of the Platform or any data or information included on the Platform and/or to comply with Applicable Laws or any request, requirement, direction or recommendation of any regulator or to mitigate or prevent any actual or potential customer harm or detriment.

9. Intellectual Property Rights

9.1.All right, title and interest (including all intellectual property rights, whether registered or unregistered, anywhere in the world) in the Platform shall vest and remain vested in Tide Insurance and its licensors. You shall not remove or destroy trademarks or copyright reservation statements on the Platform.

9.2.You may not use our or our licensors trade marks, logos, trade names or get-up except as expressly permitted in writing by us.

10. Confidential Information

10.1.The Platform Offering (including all data an information and insurance products included on the Platform) shall be the confidential information of Tide Insurance and each of the Users shall not disclose or use the Platform other than as expressly authorised by Tide Insurance from time to time.

11. Use of Aggregated Data

11.1.You acknowledge and agree that we may collect logs, and aggregate usage and performance data as part of the normal operation of the Platform (such data and information, the Aggregated Data). We may use Aggregated Data for the purposes of operating the Platform Provider's business, monitoring performance of the Platform, improving and maintaining the Platform and gaining insights into activity on the Platform.

12. Our liability to you

12.1.We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

12.2.TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS, YOU ACKNOWLEDGE AND AGREE THAT WE PROVIDE THE PLATFORM OFFERING FOR THE USE AND BENEFIT OF THE AUTHORISED BROKERS ONLY AND SUBJECT TO THE BROKER TERMS AND CONDITIONS WHICH ARE IN FORCE AND EFFECT FROM TIME TO TIME BETWEEN TIDE INSURANCE AND EACH OF SUCH AUTHORISED BROKERS AND WHICH GOVERN THE USE OF THE PLATFORM BY THE AUTHORISED BROKER AND ITS AUTHORISED USERS AND THE LIABILITY OF TIDE INSURANCE AND EACH AUTHORISED BROKER IN CONNECTION WITH THE PLATFORM. ACCORDINGLY, WE DO NOT ACCEPT ANY LIABILITY TO, AND WE SHALL NOT BE LIABLE TO, ANY USER(S) OTHER THAN ANY AUTHORISED BROKER IN ACCORDANCE WITH THE TERMS OF THE BROKER TERMS AND CONDITIONS (AND ONLY FOR SUCH PERIOD THAT SUCH AUTHORISED BROKER IS AUTHORISED BY US TO ACCESS AND USE THE PLATFORM).

13. How will we use your personal information?

13.1.We will only use your personal information as set out in our https://tideinsurance.com/privacy-policy/.

14. What laws apply to any disputes?

14.1.Unless otherwise agreed between any Authorised Broker and Tide Insurance: (a) this Policy, its subject matter and their formation (and any non-contractual disputes or claims) are governed by English law; and (b) we both agree to the exclusive jurisdiction of the courts of England and Wales.