InsMark System License Agreement
Privacy Policy
InsMark® System License Agreement - Single User License
BY USING THE SOFTWARE OR SUPPORT DOCUMENTATION PROVIDED BY INSMARK LLC OR ITS DISTRIBUTOR, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE, COPY, OR OTHERWISE EXPLOIT THE SOFTWARE OR SUPPORT DOCUMENTATION. This Agreement refers to you as “User” and to InsMark LLC as “InsMark.”
This InsMark System License Agreement – Single User License (this “Agreement”) is effective as of the date User agrees to be bound by its terms and conditions pursuant to the first sentence above. This Agreement governs User’s and InsMark’s rights and responsibilities with respect to the software downloaded or otherwise received from InsMark or its distributor (the “System”), which may be any one of the following:
WEALTHY AND WISE+TM
INSMARK® ILLUSTRATION SYSTEM - ESSENTIALS
INSMARK® ILLUSTRATION SYSTEM
INSMARK® LEVERAGED COMPENSATION SYSTEM
INSMARK® LOAN-BASED SPLIT DOLLAR SYSTEM
INSMARK® PREMIUM FINANCING SYSTEM
INSMARK® PREMIUM FINANCING SPLIT DOLLAR SYSTEM
LIFE PLAN SYSTEM
The System is a proprietary computer program and may include web applications, web downloads, updates, enhancements, now or hereafter provided. User may also receive manuals and other written material relating to the System ("Support Documentation"), and User’s use of such Support Documentation is also governed by this Agreement.
1. LICENSE: Subject to the provisions of the next sentence, InsMark hereby grants User a license, within the United States of America, to reproduce the System solely as necessary to install it on two personal computers and to use the System on those two computers. The license granted in the preceding sentence is conditional upon the following: (a) User is the owner of each computer on which the System is installed or the primary user authorized by or through the owner, and User does not authorize any third party to use or access the System; (b) no third party, including without limitation other employees of User’s company, accesses or uses the System or Support Documentation; (c) User has made and continues to make all payments listed in Section 6 below, including monthly payments; and (d) User complies with the requirements of Section 2 below.
2. PROPRIETARY RIGHTS AND RESTRICTIONS: User will not provide access to the System or Support Documentation to any third party, including without limitation other persons or entities offering or contemplating offering programs, systems, or marketing materials similar to the System or components thereof. User will not operate the System as a “service bureau” or in any way that enables third parties to benefit from the System (provided nothing herein prevents User from providing output from the System to its customers and potential customers, without granting them access to the System). Without limiting the generality of the foregoing, User will not provide output from the System to other financial professionals for use with their customers or potential customers. Copies of the System created or transferred pursuant to this Agreement are licensed, not sold, and User receives no title to or ownership of any copy or of the System itself. Furthermore, User receives no rights to the System other than those specifically granted in Section 1 above. Without limiting the generality of the foregoing, User will not: (a) modify, create derivative works from, distribute, publicly display, publicly perform, or sublicense the System; or (b) reverse engineer, decompile, disassemble, or otherwise attempt to derive any of the System’s source code. Furthermore, User is on notice that the following components (the “Confidential Information”) of the System and the Support Documentation are trade secrets of InsMark: (i) the “Sequential File” included with the documentation, including all information therein regarding InsMark’s specifications; and (ii) all techniques, algorithms, and processes contained in the System(s) and Support Documentation, including in the Sequential File. User will not disclose any Confidential Information to a third party, or permit such disclosure, except to the extent required by applicable law, in which case User will give InsMark prompt notice and cooperate with any InsMark effort to obtain a protective order protecting such Confidential Information. Notwithstanding the foregoing, if specifically licensed for the computer program known as the InsMark Premium Financing Split Dollar System (“PFSD”), you agree to the following: (a) You may provide calculations and presentations on the premium financed, split dollar financial planning concept (the “PFSD Output”) to any third party individual or entity, and (b) if you provide PFSD Output to any other life insurance licensed individuals or entities (“Life Brokers”) and that PFSD Output leads to the sale of a life insurance policy where the aforementioned Life Broker is paid compensation (a “Joint Sale”), then either (i) the Life Broker must be a PFSD Licensee prior to them receiving compensation on the Joint Sale or (ii) you agree to pay InsMark an amount equal to 5% times the target premium on each such Joint Sale.
3. UPDATES & SUPPORT: So long as User remains in compliance with this Agreement, including without limitation the monthly payment obligations set forth in Section 6 below, InsMark will provide User with: (a) such updates to the System as it makes available to its single user customers generally; and (b) technology support for the System according to InsMark’s standard policies and procedures.
4. NO WARRANTY: USER ACCEPTS THE SYSTEM AND SUPPORT DOCUMENTATION “AS IS,” WITH NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING: (a) INSMARK HAS NO OBLIGATION TO INDEMNIFY OR DEFEND USER AGAINST CLAIMS RELATED TO INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS; (b) INSMARK MAKES NO REPRESENTATION OR WARRANTY THAT THE SYSTEM OR SUPPORT DOCUMENTATION WILL COMPLY WITH ANY FEDERAL, STATE, OR LOCAL STATUTE, LAW, RULE, REGULATION OR ORDINANCE, INCLUDING WITHOUT LIMITATION THOSE RELATING TO INSURANCE PROPOSALS, PRESENTATIONS, ADVERTISEMENTS, OR PROMOTIONS.
5. LIMITATION OF LIABILITY: USER’S SOLE REMEDY FOR ANY INJURY ARISING OUT OF OR RELATED TO THIS AGREEMENT, AND INSMARK’S SOLE RESPONSIBILITY AND LIABILITY, IS REPLACEMENT OF ANY MALFUNCTIONING SOFTWARE, OR IF INSMARK IS UNABLE TO DELIVER SUCH A REPLACEMENT, REFUND OF ALL FEES USER PAID PURSUANT TO THIS AGREEMENT. IN NO EVENT WILL INSMARK BE LIABLE TO USER FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION ANY DAMAGES FOR LOST PROFITS. THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 5 APPLY: (a) TO LIABILITY FOR NEGLIGENCE; (b) REGARLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT PRODUCT LIABILITY, OR OTHERWISE; (c) EVEN IF THE INJURY IN QUESTION WAS FORESEEABLE; AND (d) EVEN IF USER’S REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE. If applicable law limits the application of the provisions of this Section 5, InsMark’s liability will be limited to the maximum extent permissible.
6. FEES: User will pay InsMark an initial fee and a monthly fee, both in the amounts published by InsMark as its standard fees. Notwithstanding the preceding sentence, if User and InsMark have executed a separate written addendum with alternate fee amounts or fee structures (a “Special Fee Addendum”), the terms of such Special Fee Addendum will govern User’s payment obligations during the 1 year period following the Effective Date or during such other period as is set forth in the Special Fee Addendum, after which User will pay monthly fees pursuant to the preceding sentence. InsMark may revise its standard monthly or other ongoing fees at any time, in its sole discretion, and if User is not willing to pay increased fees, User may terminate this Agreement pursuant to Section 8 below. User will pay all fees by check drawn on a U.S. financial institution or by electronic debit, and InsMark may charge a processing fee of $25 or a reasonable amount in excess thereof for returned checks or rejected debits and for any invalid, reversed, or disputed credit card charge. InsMark may in addition charge a late fee of the greater of $5.00 or 4% of any late payment, to cover interest, processing expenses, and the cost of delayed cash flow. User hereby authorizes InsMark to charge User’s credit card for any and all fees set forth in this Section 6, including without limitation processing charges and late fees, and User agrees that InsMark is not required to invoice User unless specifically required by applicable law. InsMark may accept late or partial payments or any payments marked as being payment in full or bearing any other restrictive endorsement without losing any of its rights to full payment, and no waiver of payment rights will be binding upon InsMark unless set forth in a writing executed by an authorized representative of InsMark. User will make all payments in U.S. dollars.
7. AUDIT: InsMark may audit User’s use of the System on 30 days’ advanced written notice. User will cooperate with the audit, including by providing access to any books, computers, records, or other information that relate or may relate to use of the System. Such audit will not unreasonably interfere with User’ business activities. In the event that an audit reveals unauthorized reproduction or other use of the System, User will reimburse InsMark for the reasonable cost of the audit, in addition to such other rights and remedies as InsMark may have. InsMark will not conduct an audit more than once per calendar year, provided InsMark may audit as frequently as it sees fit after an audit that reveals unauthorized use.
8. TERMINATION: Either party may terminate this Agreement at any time by written notice, provided InsMark will not terminate this Agreement without cause until 1 year after the Effective Date. Termination will not relieve User of any obligation to make payments due or incurred before the effective date of termination. In addition, fees required pursuant to a Special Fee Addendum (as defined in Section 6 above) will remain due and payable after termination of this Agreement, unless termination is by InsMark without cause. Upon termination, User will cease all use of the System and Support Documentation and delete the System, and InsMark may disable the System. User is on notice that the System may include a “time bomb” or other software intended to disable the System, and User consents to the use of such software as set forth in this Section 7. The following provisions will survive any termination or expiration of this Agreement: (a) Sections 2, 4, 5, 7, and 9; (b) the provisions of any Special Fee Addendum; and (c) any provision that must survive to fulfill its essential purpose.
9. REMEDIES: Any dispute arising out of or related to this Agreement shall be resolved by binding arbitration conducted in San Francisco, California, conducted under the auspices of the American Arbitration Association, pursuant to its Commercial Arbitration Rules. The dispute will be adjudicated by a single arbitrator, or by three arbitrators if any claim or counter-claim exceeds $100,000. The arbitrator(s) will issue supporting findings of fact and conclusions of law with any award issued. The determination of the arbitrator(s) will be final and binding, and judgment upon the award may be entered by any court of competent jurisdiction. Each party will pay its own attorneys’ fees and expenses, but all other costs of arbitration will be borne by the party deemed by the arbitrator(s) to have lost, and such costs will be reimbursable to the other party if it has already made payments. This Section 9 shall not prevent either party from obtaining provisional or ancillary relief from a court of competent jurisdiction before, during, or after arbitration.
10. MISCELLANEOUS: To the extent permitted by applicable law, the parties hereby waive any provision of law that would render any clause of this Agreement invalid or otherwise unenforceable in any respect. In the event that a provision of this Agreement is held to be invalid or otherwise unenforceable, such provision will be interpreted to fulfill its intended purpose to the maximum extent permitted by applicable law, and the remaining provisions of this Agreement will continue in full force and effect. Neither party will be deemed to have waived any of its rights under this Agreement by lapse of time or by any statement or representation other than in an explicit written waiver, executed by an authorized representative in InsMark’s case. No waiver of a breach of this Agreement will constitute a waiver of any prior or subsequent breach of this Agreement. To the extent caused by force majeure, no delay, failure, or default will constitute a breach of this Agreement. User may not assign this Agreement or any of its rights or obligations hereunder without InsMark’s express written consent. Except to the extent forbidden in the previous sentence, this Agreement will be binding upon and inure to the benefit of the respective successors and assigns of the parties. This Agreement will be governed solely by the internal laws of the State of California, without reference to any principle of law that would apply the laws of any other jurisdiction to the rights and duties of the parties. The parties consent to the personal and exclusive jurisdiction of the federal and state courts of San Francisco, California, provided any court of competent jurisdiction may enforce an arbitrators’ award pursuant to Section 9 above. This Agreement contains the complete and exclusive agreement between the parties, and it replaces all prior agreements, negotiations, and discussions. No promise, representation, warranty or covenant not included in this Agreement has been or is relied upon by either party. Each party has relied upon its own examination of this Agreement and the provisions thereof and the counsel of its own advisors. No modification or amendment of this Agreement shall be of any force or effect unless in writing executed by both parties.
NOTICE REUSE AND AVAILABILITY OF OPEN SOURCE CODE: Portions of the System(s) were created using source code governed by the Mozilla Public License ("MPL"). The source code governed by MPL is available from sourceforge.net.
InsMark System License Agreement
Privacy Policy
Privacy Policy
Our Commitment to Privacy
InsMark has created this privacy statement in order to demonstrate our firm commitment to protecting your privacy. We only use the information we collect about you to process orders and provide you support. This Privacy Policy describes how we collect, use and disclose information that we may obtain when you use the Systems and website.
Note: the privacy practices set forth in this privacy policy are for the Systems and this website only. If you link to other websites, please review the privacy policies posted at those sites.
Changes to the Privacy Policy
We reserve the right to change this Privacy Policy without advance notice and any modifications are effective when they are posted here.
Agreement
By using the Systems, you acknowledge that you have reviewed, and agree to, the InsMark System License Agreement and the Privacy Policy. If you do not agree to this Privacy Policy, use only the hard disk versions of the Systems.
Collection of Website Information
We collect personally identifiable information when you create an account on our website. This information may include:
Your name
Your business name
Your business and/or home address
email address
phone numbers
credit card information to fulfill an order
We only use the information we collect about you to process orders and to provide support and upgrades for our products.
You do not need to create an account to use our website, and if you prefer, you can use our toll-free phone number to place orders. You may visit our website anonymously.
Collection of Information in the Systems
Input collected in the Systems is stored in an encrypted database on a secure server. Client information is limited to what is printed on the illustrations. This may include:
Client's name
Client's business name
Client's age/sex
Client's proposed insurance policy (premiums, withdrawals, loans, cash values, death benefits)
InsMark does not store any client financial account information, client social security numbers, client addresses, client email addresses, or client phone numbers.
InsMark Systems may collect usage information such as which sales concepts you use, your browser type, which companies you get Policy Data from, and other such feedback information to improve the Systems.
Some of our Systems sync data between our web applications and your hard disk system.
Data Retention
For our cloud-based Systems, InsMark will retain your stored illustrations on our cloud server for as long as you remain a client. Policy Data that is stored in our cloud-based Systems will be deleted from the Policy Data/Source Data storage after 3-6 months. However, if you have used the policy data to create an illustration, and if you stored that illustration, a copy of the policy data was stored in the illustration and you will not lose that. We recommend you print hardcopy or PDFs to prevent loss of illustrations.
Symposium / Event Reminders
If you provide us with your mobile telephone number and opt-in to mobile texting, we may contact you by text message at that number ONLY for Symposium Event reminders. We will identify InsMark or InsMark Symposium as the communication sender and provide you with a way to "opt-out" and not receive further communication in this manner.
Protection of your Personal Information
We take commercially reasonable steps to adequately secure your personal information. We use a Secure Server for collecting personal and credit card information. The secure server layer (SSL) encrypts (scrambles) all of the information you enter before it is transmitted over the internet and sent to us. Furthermore, all of out System servers also have SSL security with encrypted database storage and are well protected against unauthorized access. All of our servers maintain PCI Compliance.
Cookie/Tracking Technology
We use cookies and tracking technology on some portions of our website. A cookie is an identifier that is sent to your browser from a web server and stored on your computer. We may also use cookies when you create an account on our website in order to store useful information that enables you to more efficiently use our website. One way this is used, for instance, is to prevent you from having to log in to our website each time you return to visit us.
Cookies do not contain any information that is, in itself, personally identifying. We do not link the information collected through cookies to any personally identifiable information provided by users. If you choose to disable cookies in your browser, you can still access most of our website.
Distribution of Information
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others' rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
All emails and newsletters from InsMark allow you to opt-out of further mailings.
Contact Information
If you have any questions, concerns, or comments about our privacy policy you may contact us:
InsMark LLC
12647 Alcosta Blvd., Suite 340
San Ramon, CA 94583
925-543-0500
support@insmark.com
rev. 01-15-2026
