Terms of Service
Last Revised: May 4, 2018
Welcome to the Trōv community! We’re excited you’re here. In order for us to help you best protect the things you own, we ask that you carefully review and abide by these Terms of Service. We know that legal documents can sometimes be a pain to read, but we’ve done our best to simplify our documents so that they’re easier to understand.
This document is split into four short sections:
- Introduction: An overview of what this document is and the parties involved.
- Your Content: Explains how your information is used to provide the Trōv Service.
- Using the Trōv Service: Your responsibilities as a Trōv User plus additional third party terms.
- Other Legal Details: Outlines other legal details that need to be in here.
What are the Terms of Service?
These Terms of Service ("Terms") constitute a contract formed between you and us, so please read this carefully, before using the Trōv Service. By accessing and using the "Trōv Service"— which includes the use of the Trōv’s iOS and Android applications, website, products, and services, including but not limited to applying for, purchasing, and making claims under any Terms of Protection purchased through and/or provided by Trov, Inc. and its subsidiaries as set forth below (collectively Trov, Inc. and its subsidiaries are referred to herein as "Trōv," "we," "us," or "our") — you agree to abide by these Terms. Any reference to "Trōv" shall be deemed to have been made to Trov, Inc., its subsidiaries, successors, assignees, and affiliates, as well as any person, company or entity that controls Trōv, directly or indirectly, and any other subsidiary of any controlling company or entity.
Note that not all of the products or services that comprise the Trōv Service (including but not limited to Trōv Protection ("Protection")) described in the Trōv app or on the Trōv website are available in all areas of the United States, Australia or the United Kingdom and/or you may not be eligible for them. We and our underwriting partners reserve the right to determine eligibility for any Trōv Protection. If Trōv Protection is available in your jurisdiction and you decide to purchase Protection, then you agree to abide by all additional terms and conditions of such Protection in relation to the Trōv Service (including that Protection) that are inclusive of the insurer’s Privacy Statement and other associated terms specific to the jurisdiction in which you obtain your insurance. Be sure to carefully review the Terms of Protection if you decide to purchase Protection.
If Protection is not available in your jurisdiction, the parts of these Terms that refer to Protection don’t apply to you.
Who are the parties involved in the Terms of Service?
You make up one party in the contract. References to “you” or “your” in these Terms means you as the Trōv User, your duly authorized representatives and any entity or person you may represent in connection with your use of the Trōv Service. The other party in the contract is dependent on your region.
If you reside in the United States, then the other party to this contract is Trōv Inc. headquartered in California and Trov Insurance Solutions, LLC (in NY Trov Insurance Services, LLC), which is a California resident insurance agency and licensed and appointed in all states, plus the District of Columbia. If you reside in Australia, then the other party to this contract is Trōv International Australia Pty Ltd (ACN 608 740 558) and if you reside in the United Kingdom then the other party to this contract is Trōv International UK Limited (FCA Reference number 681390).
For clarity, many of the headers and captions in this document are phrased as questions from the Trōv User to us and represented with “I” or “my”. This is for convenience and informational purposes only and has no legal or contractual meaning or effect. Do not rely on the Trōv Service for your financial decisions. The Content on the Trōv website, app and other content is for convenience and informational purposes only. Nothing on therein should be construed as rendering tax, legal, investment, or accounting advice. The posting of any prospectus or any other information is not a recommendation or opinion for you to buy or sell any product or participate in any transaction.
Will the Terms of Service ever change?
As the product and business environment changes we may need to update these Terms in order to best deliver the Trōv Service, including Protection. We reserve the right, at our discretion, to modify these Terms from time to time, which modification will be effective upon notification of the modification via email and the posting to our website, and will apply to causes of action arising after the effective date of the change. You should continue to check your email and the website for changes. Your continued use of the Trōv Services following the posting of changes to these Terms will mean that you accept those changes. If you do not agree to any new terms, you must stop using the Trōv Service, including Protection.
Trōv is an application that helps you organize important information about the things you own and protect them. As such, you need to add information about both yourself and your items (your “Content”) to your Trōv in order to use the Trōv Service. We treat your Content with the utmost discretion. The following section describes how we handle your Content in relation to the Trōv Service.
How is my Content used to provide the Trōv Service?
In order to provide to you the Trōv Service, it is necessary that we compile, modify and publish your Content back to you. Accordingly, you grant Trōv an irrevocable, non-exclusive, royalty-free, worldwide license to use, store, display, reproduce, modify and create derivative works of your Content solely (except as provided below) for the purpose of providing you with the Trōv Service and to otherwise permit access to or disclose your Content to third parties if Trōv determines that such access is necessary to comply with legal obligations, this includes making such Content available to, and passing these rights along to, others with whom Trōv has contractual relationships related to the provisions of the Trōv Service. Additionally, we reserve the right to remove or modify Content for any reason, including Content that we believe violates these Terms or our policies.
To the extent that we acquire any rights in relation to the information that constitutes your Content by your provision of that Content to us, you acknowledge and agree that we may either hold those rights ourselves or jointly with one or more of our partners.
By using the Trōv Service, you grant Trōv the right to:
- hare anonymized Content to Trōv’s partners, vendors and customers. Anonymized Content is content that does not personally identify you: it has been anonymized, either by aggregating that data with other Trōv Users or by removing personally identifiable information from the Content; and
- share your Content (including Personal Content, as defined below) with our partners for the purposes of administering Protection you purchase. No Personal Content is shared with partners unless you decide to purchase Protection.
How does Trōv handle my Personal Content?
Personal Content is content added to your Trōv that personally identifies you. Trōv does not share Personal Content except when required to provide the Trōv Service or administer any Protection you purchase, subject to very limited exceptions. See our Privacy Policies for more information.
Can I share my Content with others?
Yes, if you choose. You can forward Content from your Trōv to third parties using the sharing functionality built in to the Trōv Service. If you choose to share your Content with third parties, you grant to such persons a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, and distribute your Content.
How do I delete my Content?
We appreciate you as a member of the Trōv Community, but if you would like to stop using the Trōv Service, you may. It is up to you to delete the items and information in your Trōv if you so desire. You can deactivate your account through the settings menu in the Trōv app. Following termination or deactivation of your Trōv Account, or if you remove any Content from the Trōv Service, we may retain your Content for a commercially reasonable period of time for backup, archival, or audit purposes. Please contact customer support, if any help is needed with this.
If you’ve purchased Protection for items in your Trōv, then they cannot be deleted as we are required to retain a detailed record of these items for audit and regulatory purposes. Furthermore, if you wish to deactivate your account and you have items that are protected, you must cancel this Protection before your account can be deactivated.
Using the Trōv Service
By using the Trōv Service to create an account, you agree to be bound by these Terms, and to use the Trōv Service only within these Terms. You also may only use the Trōv Service if you have the ability to form a contract with us, and are not prohibited from entering into a contract with us by any applicable laws. The Trōv Service is not intended for use by you if you are under 15 years of age. By agreeing to these Terms, you are representing to us that you are 15 or over. You agree that we may make changes to the Trōv Service from time to time and automatically update any software associated with the Trōv Service, and these Terms will apply to the Trōv Service and such updates following any such change.
By accessing or using the Trōv Service to purchase Protection, you confirm that: you can form a binding contract with us; and you are over the age of 18, as the Trōv Service to purchase Protection is not intended for children under 18 (unless your jurisdiction requires us to allow children under age 18 to acquire Protection). If it comes to our attention through reliable means that a registered user is a child under 18 years of age and has purchased Protection, we will initiate cancellation of any such Protection, unless we are prevented by law from doing so. If you are using the Trōv Service on behalf of a corporation (or any legal entity other than using it personally), you represent that you are authorized to enter into an agreement on behalf of that legal entity, and are nevertheless individually bound by these Terms even if we have a separate agreement with such corporation.
Are there rules about how I use the Trōv Service?
As a user of the Trōv Service, we expect that you behave responsibly. Your use of the Trōv Service is subject to our User Guidelines.
Moreover, subject to these Terms and our policies (including policies and/or Protection made available to you within the Trōv Service), we grant you a limited, non-transferable, non-exclusive, and revocable permission to access and use the Trōv Service, provided that: (i) You will not copy, distribute or modify any part of the Trōv Service without our prior written authorization; (ii) You will not send unsolicited or unauthorized advertisements, spam, chain letters, etc.; (iii) You will not transmit any content which contains software viruses, or other harmful computer code, files or programs; (iv) You will not disrupt servers or networks connected to the Trōv Service; and (v) You comply with these Terms.
Additionally, using the Trōv Service does not give you ownership of any intellectual property rights in the Trōv Service or the content you access (other than your User Content), which shall remain with us and our respective licensors.
Further, certain software code incorporated into or distributed with the app/website or otherwise with the Trōv Service may be licensed by third parties under various “open-source” or “public-source” software licenses (collectively, the “Open Source Software”). Notwithstanding anything to the contrary in these Terms, the Open Source Software is not licensed under these Terms and instead is separately licensed pursuant to the terms and conditions of their respective open-source software licenses. You agree to comply with the terms and conditions of such open-source software license agreements.
Importantly, all right, title, and interest in and to the Trōv Service including worldwide Intellectual Property Rights therein, are and will remain the exclusive property of Trōv and its applicable licensors. We reserve all rights not expressly granted in and to the Trōv Service.
Some portions of the Trōv Service are protected and require a user identification code ("User ID") and password for access. Unauthorized access or use of such portions of the Trōv Service is prohibited. You agree that you will notify Trōv immediately if you believe that a third party has obtained your User ID or password, or if you believe that any unauthorized access or use may occur or has occurred by contacting our support team. For your protection, if Trōv believes that any unauthorized access may occur or has occurred, Trōv may terminate such access without prior notice to you. You also agree that Trōv is permitted to act upon any instructions received using your User ID and password and to consider such instructions as authorized by you.
Credit Based Information
Disclosure in accordance with the Insurance Law
If you are a first time user please read the following disclosure:
In connection with this insurance, we may, where and when allowed by law, review your credit report or obtain or use a credit-based insurance score, based on information contained in that report. We will not review your credit report or obtain or use a credit-based insurance score in jurisdictions where this is prohibited. An insurance score uses information from your credit report to help predict how often you are likely to file claims and how expensive those claims will be. Typical items from a credit report that could affect a score include, but are not limited to, the following: payment history, number of revolving accounts, number of new accounts, the presence of collection accounts, bankruptcies and foreclosures. The information used to develop the insurance score comes from credit references agencies such as TransUnion or CallCredit.
If you have used the Trōv Service before and you wish to renew your policy please read the following:
In connection with this insurance, we may have previously used if allowed by law, a credit report or obtained or used a credit-based insurance score based on information contained in that report. We may obtain or use credit information provided again, upon renewal of policy. We will not review your credit report or obtain or use a credit-based insurance score in jurisdictions where this is prohibited. An insurance score uses information from your credit report to help predict how often you are likely to file claims and how expensive those claims will be. Typical items from a credit report that could affect a score include, but are not limited to, the following: payment history, number of revolving accounts, number of new accounts, the presence of collection accounts, bankruptcies and foreclosures. The information used to develop the insurance score comes from credit reference agencies such as TransUnion or CallCredit.
Recurring Payments/Charges to Your Payment Source
You understand and agree that we will charge the credit or debit card or another payment provider such as Apple Pay, Amazon Pay, Google Pay or Paypal or similar service (collectively "Payment Source"), that you use to purchase Protection from us. Thereafter, we will automatically charge your Payment Source monthly for the monthly premium, or as otherwise set forth in your Terms of Protection, the amount of which may change depending on policy changes you initiate and other factors approved by insurance regulatory authorities. Should we choose to renew protection, we will automatically charge your Payment Source for the new monthly premium, or as otherwise set forth in your Terms of Protection. We will do the same for any subsequent renewals. You may cancel these recurring payments by cancelling your Protection. Please note that in some jurisdictions, our underwriting partners may have a minimum monthly premium charge. If that is the case, and your premium for Protection is less than the minimum monthly premium, we will charge your Payment Source for the applicable minimum premium as required by our underwriting partners.
Can I connect to third parties through the Trōv Service?
Yes, the Trōv Service contains links to third party websites, partners, or resources. While we attempt to fully vet such partners, their offerings and linking websites, we are not responsible or liable for their availability, accuracy, the related content, products, or services. You understand and agree that Trōv is not a party to any agreement entered into between you and such third party providers, and that you are solely responsible for your use of any such websites, resources and services.
Some of Trōv’s third party service providers require that Trōv Users agree to their terms of service. If you elect to use any of such services you agree to abide by the Third Party Terms and Conditions. This includes, if you purchase Protection, terms associated with our third party payment service providers.
Trōv may, now or in the future, allow you to link your account on the Trōv Service to your account(s) on third party services, such as social networking sites (“Linked Accounts”). If you link your account on the Trōv Service to a Linked Account, you are authorizing Trōv to store and use your access credentials to access your Linked Account on your behalf as your agent to integrate your experience with the Trōv Service with content, information, and features available through such Linked Account. This may include importing the contacts, preferences, interests or “likes” of the Linked Account, and/or pushing updates regarding your use of the Trōv Service out to your Linked Accounts. Linking, accessing or using a third party service through the Trōv Service in this manner may be subject to additional terms established by the applicable third party, and it is your sole responsibility to comply with such third party terms.
Are there additional terms if I choose to purchase Protection?
Yes, if you choose to purchase Protection for any items via the Trōv Service, then you agree to abide by additional Terms of Protection that include our underwriting partners’ Privacy Statements specific to the jurisdiction in which you obtain Protection and other associated terms specific to that jurisdiction. All documentation associated with purchased Protection is made readily available to you via the Trōv app and/or by email to your nominated email address.
Protection in Australia
Trōv International Australia Pty Ltd (ACN 608 740 558) (“Trōv Australia”) is an Authorised Representative (001236731) of AAI Limited ABN 48 005 297 807 AFSL 230859 who is the issuer of Protection in Australia. If and to the extent (if any) that the Trōv Service (including any Protection) involves Trōv Australia providing financial services, Trōv Australia provides those services as Authorised Representative.
All Protection documentation, including the Product Disclosure Statement, Financial Services Guide and any other related product or service communications will be made available to you within the Trōv app and/or emailed to your nominated email address (as an email attachment or secure website link). Each electronic communication will be deemed to be received by you at the time it leaves our information system.
Protection in the United Kingdom
Trōv International UK Limited (FCA Reference number 681390) is an appointed representative of AXA Insurance UK plc. This protection is underwritten by AXA Insurance UK plc. AXA Insurance UK plc is registered in England No. 78950. Registered Office: 5 Old Broad Street, London, EC2N 1AD. AXA Insurance UK plc is authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority under registration number 202312.
Protection in the United States
Trov Insurance Solutions, LLC (in NY Trov Insurance Services, LLC) is a an appointed and licensed insurance producer in all 50 states, plus the District of Columbia. Protection is underwritten by KnightBrook Insurance Company in all states except Colorado and New York, where Protection is underwritten by National Specialty Insurance Company.
Insurance Quotes and Coverages
All quotes generated by Trōv are based upon the information you provided and are not a contract, binder, or agreement to extend insurance coverage. Any coverage descriptions provided on our app/website or as any part of the Trōv Service are general descriptions of available coverages and are not a statement of contract. To obtain coverage you must submit an application to Trōv whether on Trōv’s web site, mobile app or otherwise as part of the Trōv Service. All applications are subject to underwriting approval by Trōv’s underwriting partners. Coverages and availability may vary by jurisdiction.
If you elect to report an insurance claim, the information you submit regarding your insurance policy and the loss is subject to review and verification. Trōv and/or Trōv’s underwriting partners reserve the right to request additional information prior to reaching a decision on the claim. A claim representative may be communicating with you regarding your claim. All provisions contained in your Terms of Protection remain in effect. If you have any questions concerning the coverage afforded by your policy, please visit the Trōv Support page.
Other Legal Details
The Trōv Service is protected by common intellectual property rights, including copyright, trademark, and other laws of the United States, Australia, the European Union, the United Kingdom and other foreign countries. These Terms do not grant you any rights to use the Trōv trademarks, logos, domain names, or other brand features. Trōv honors the rights of others with respect to their intellectual property. We will respond to any properly submitted notices complying with applicable laws. Please see our DMCA Policy for detailed instructions on how to submit an alleged copyright infringement notice.
We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request; (ii) enforce these Terms, including investigation of potential violations of it; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) cooperate with law enforcement authorities; (v) respond to user support requests; or (vi) protect our, our users' or the public's rights, property or safety.
Limitation of Liability
To the maximum extent permitted by law, the Trōv service is available "As is." notwithstanding the limitations set forth below, insurance protection and our performance under your insurance protection are determined solely by the terms, conditions, exclusions and limitations of your terms of protection and applicable law. You expressly understand and agree that: (a) your use of the Trōv service and the purchase and use of any products or services are all at your sole risk. The Trōv service and any software is provided on an “as is” and “as available” basis. To the maximum extent permitted by law, trov expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non- infringement. (b) trov does not warrant that (I) the Trōv service will meet all of your requirements; (ii) the Trōv service will be uninterrupted, timely, secure or error-free; or (iii) all errors in the software or service will be corrected. (c) any material downloaded or otherwise obtained through the use of the Trōv service is done at your own discretion and risk and you are solely responsible for any damage to your computer or other device or loss of data resulting from the download or use of any such material. (d) no advice or information, whether oral or written, obtained by you from trov or through or from the Trōv service shall create any warranty not expressly stated in these terms of service. You expressly understand and agree that trov, its subsidiaries, affiliates and licensors, and our and their respective officers, employees, agents and successors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, cover or other intangible losses (even if trov has been advised of the possibility of such damages) resulting from: (I) the use or the inability to use the Trōv service; (ii) unauthorized access to or the loss, corruption or alteration of your transmissions, content or data; (iii) statements or conduct of any third party on or using the Trōv service, or providing any services related to the operation of the Trōv service; (iv) trov’s actions or omissions in reliance upon your account information and any changes thereto or notices received therefrom; (v) your failure to protect the confidentiality of any passwords or access rights to your account information; (vi) the acts or omissions of any third party using or integrating with the Trōv service; (vii) the termination of your account in accordance with the terms of these terms of the Trōv service; or (viii) any other matter relating to the Trōv service. In any event and without limiting the generality of this section to the extent permitted by law you agree that our total liability to you for all damages and losses shall not in any circumstances exceed the greater of (a) $100, or (b) the aggregate of the amount (if any) paid by you in the 6 months immediately preceding bringing of a claim against us or our affiliates. You acknowledge that the limitations on liability in this section are reasonable and that the provisions of this section allocate the risks under this agreement between us, our affiliates and you, and that the parties have relied upon the limitations set forth herein in determining whether to enter into this agreement. To the extent permitted by law, the remedies provided to you in this agreement are exclusive. Nothing in these terms of service (including the limitation of liability provisions) is intended to exclude or limit any condition, warranty, right or liability which may not be lawfully excluded or limited. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by willful acts, negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only those liability and other limitations which are lawful in your jurisdiction (if any) will apply to you and our liability is limited to the maximum extent permitted by law.
To the extent permitted by law, you agree to release, defend, indemnify, and hold Trōv and its affiliates, and our and their respective owners, officers, directors, employees, agents, and/or licensors harmless from and against any claims, liabilities, damages, obligation, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (a) your access to or use of the Trōv Service or your violation of the Terms or any applicable law; (b) your Content; (c) your use of third party services (including those referred to you by Trōv); and (d) your violation of any third party right, including without limitation any copyright, property, publicity or privacy right; including all actions taken under your account. This defense, hold harmless and indemnification obligation will survive any termination of these Terms and your use of the Trōv Service.
Miscellaneous Legal Terms
By using the Trōv Service, you agree to have all records, including any insurance Protection, provided to you in electronic form. This consent, unless withdrawn, applies to all transactions between you and Trōv and its underwriting partners. However, you have the right to receive communications from us, including the insurance Protection, in paper form if you wish by withdrawing this consent. If you withdraw the consent to provide you with records in electronic form, you will then be provided with records in paper form. To withdraw your consent, you must email us at email@example.com. The body of the email must include your name, policy number, effective and expiration dates of the policy, the effective date of your withdrawal and whether you want (a) all communications to be in paper form and (b) your insurance Protection to be sent to you in paper form.