KnightBrook Insurance Company | Terms of Protection (TOP)

KnightBrook Insurance Company

4751 Wilshire Blvd, Los Angeles, CA 90010 888-333-8198

TERMS OF PROTECTION

Trōv Protection

Trōv PROTECTION is specifically designed to PROTECT items on-demand. WE have designed OUR product and processes to put YOU in control when it comes to PROTECTING the items YOU care about. If WE can help answer any questions, please contact US through the Trōv APPLICATION or the website http://get.trov.help.

What is this document?

The TERMS OF PROTECTION is an important legal document that contains details of YOUR contract with US. YOU should read this information carefully, as it outlines the terms and conditions of the PROTECTION WE will provide to YOU. If YOU do not adhere to the terms and conditions, it could result in YOUR claim being denied or YOUR PROTECTION invalidated.

Some words used in this document have specific meanings that are defined in the ‘Definitions’ section below. These appear CAPITALIZED throughout the document.

Who is protecting my item?

KnightBrook Insurance Company at 4751 Wilshire Blvd, Los Angeles, CA 90010 Tel: 888-333-8198 is the insurer and issuer of the TERMS OF PROTECTION. When arranging insurance, Trōv Insurance Solutions, LLC is the licensed agent. References to Trōv are Trōv Insurance Solutions, LLC.

Your Protection

What is protected?

PROTECTED ITEMS are covered, anywhere in the world, against these perils:

  • ACCIDENTAL DAMAGE
  • MECHANICAL BREAKDOWN
  • LOSS
  • THEFT

What is not protected?

  • YOUR items are not PROTECTED against MECHANICAL BREAKDOWN, ACCIDENTAL DAMAGE, LOSS, or THEFT caused by, arising from, or in connection with:
  • YOUR failure to take reasonable care of or to prevent LOSS or THEFT or damage of the PROTECTED ITEM;
  • YOUR own deliberate or malicious act, or those of someone acting on YOUR behalf;
  • wear, tear, chips, scratches, cracks, or any superficial damage that does not affect the performance of the PROTECTED ITEM;
  • corruption of ELECTRONIC DATA, damage due to viruses, and/or the restoration of software and operating systems;
  • ACCIDENTAL DAMAGE, MECHANICAL BREAKDOWN, LOSS, or THEFT occurring prior to or existing at the start of YOUR PROTECTION;
  • any CONSEQUENTIAL LOSS;
  • items not intended for use by an individual or small-scale business;
  • the cost of replacing any cosmetic modifications that may have been made to YOUR PROTECTED ITEM, accessories not supplied as standard when YOU bought it, and parts that are meant to be replaced by YOU, such as batteries, ink cartridges, and strings;
  • and/or anything covered by a manufacturer’s warranty during the manufacturer’s warranty period;
  • war (declared or undeclared), nuclear hazard or governmental action;
  • acts of nature (i.e. flood, hurricane, tornadoes, earthquakes).

Managing Your Protection:

Eligibility requirements

  • YOU TURNED ON PROTECTION for YOUR item;
  • YOU are eighteen (18) years of age or older;
  • YOU are a resident in the United States;
  • YOU own the item (with exception to leased mobile phones); and
  • YOUR PROTECTED ITEM was purchased in the U.S.

YOUR contract documents and related communications are available in the Trōv APPLICATION and are provided to YOU by email to YOUR nominated email address. YOU can manage YOUR PROTECTION via the Trōv APPLICATION.

Turning on protection

YOU can purchase PROTECTION for YOUR item at any time for any duration through the Trōv APPLICATION. YOU may be required to provide proof of condition and/or possession of YOUR item in order to TURN ON PROTECTION. After YOU purchase PROTECTION it will begin immediately.

YOUR PROTECTION period on inception will be the remaining days of the month in which YOU purchase PROTECTION for the PROTECTED ITEM and will appear in YOUR PROTECTION SUMMARY.

Turning off protection

YOU can TURN OFF PROTECTION at any time.  YOU will receive a pro rata refund for any PROTECTION YOU have already paid for and not used.  When YOU cancel YOUR PROTECTION, WE will process YOUR refund at the end of the month or apply the refund to any new PROTECTION YOU purchase in the Trōv APPLICATION in the remaining days of the month.  If no new PROTECTION is purchased in the remaining days of the month, WE will process YOUR refund. Optionally, when YOU TURN OFF PROTECTION, YOU can request YOUR refund balance be returned immediately or at any other time through the Trōv APPLICATION and WE will process YOUR refund to YOUR nominated account. When processed, refunds can take up to five (5) working days to arrive in YOUR nominated account.

Renewing protection

If WE offer YOU a renewal, WE will send YOU a notice which will include details of YOUR PROTECTED ITEM including any changes to the PROTECTED value or price YOU pay. Unless YOU TURN OFF YOUR PROTECTION, or since sending YOU the renewal notice, WE have CANCELLED YOUR PROTECTION, WE will automatically renew YOUR TERMS OF PROTECTION on these terms on the first day of the next calendar month using the payment method nominated in YOUR Trōv PROFILE.

The PROTECTION period on renewal will be one (1) calendar month. If YOU do not pay for the renewal by the due date, WE may stop YOUR PROTECTION.  See the We May Stop Your Protection section.

Paying for protection

The initial payment for each PROTECTED ITEM is taken immediately after YOU purchase PROTECTION. This payment is calculated based on the time remaining in that calendar month. Following the initial payment, all future payments will be charged to YOUR chosen payment method monthly in advance.

If YOU TURN OFF a PROTECTED ITEM and choose to TURN ON PROTECTION for that item again at a later time, the cost to PROTECT that item may have changed.

By purchasing PROTECTION within YOUR Trōv APPLICATION, YOU are providing US with the authority to automatically take payment using YOUR chosen payment method every month, until YOU choose to stop protecting YOUR item(s). Payments will be collected using YOUR nominated payment method. YOU can change YOUR payment preferences in YOUR Trōv PROFILE at any time.

Knowing what’s protected

At the start of each month, YOU will receive a PROTECTION SUMMARY email that will detail the item currently being PROTECTED. YOUR PROTECTION SUMMARY is also available in the Trōv APPLICATION.

Changing your address

If the address you have on file with US changes, YOU must immediately update YOUR new address in YOUR Trōv PROFILE within the Trōv APPLICATION. If YOUR state of residence has changed, this may affect YOUR payments and the PROTECTION available to YOU.

Transferring protection

No rights and/or duties under this TERMS OF PROTECTION may be transferred. Additionally, no person or organization other than YOU may benefit from the insurance.

Claims

Claims limit

For ACCIDENTAL DAMAGE/MECHANICAL BREAKDOWN, a maximum of two (2) claims is allowed over a twelve (12) month period. Each claim cannot exceed the replacement value of the item at the time of the claim. The replacement value is calculated as the cost to US of replacing YOUR PROTECTED ITEM.

When the claims limit is exhausted, PROTECTION for the item will cease immediately and at that time, WE will notify YOU that YOUR coverage for the item has been terminated and no further premiums are due.

In the event WE replace YOUR PROTECTED ITEM, PROTECTION for the item will cease immediately and at that time, WE will notify YOU that YOUR coverage for the item has been terminated and no further premiums are due. If YOU want to PROTECT the replacement item, YOU will need to purchase PROTECTION for the replacement item through the Trōv APPLICATION (see ‘Managing YOUR PROTECTION’).

Initiating a claim

YOU must contact US as soon as possible in the event of a claim. To make a claim, please select the PROTECTED ITEM within YOUR Trōv APPLICATION and report the details of the incident by following the instructions in the Trōv APPLICATION. If YOU are not able to access the Trōv APPLICATION, please email support@trov.com for assistance.

When YOU make a claim YOU must tell US what happened and provide US with reasonable assistance so that WE can investigate YOUR claim.

Important things to remember when reporting a claim

  • If the item is broken, ensure YOU keep it and any damaged parts until WE give YOU consent to dispose of them.
  • Try to prevent any further damage.
  • Report any THEFT or malicious damage to the relevant authorities.
  • Do not carry out or authorize any repairs or replace the item without OUR consent.
  • If YOU can, back up information, software, ELECTRONIC DATA, and files in case YOU cannot retrieve them after repair or replacement. WE are not responsible for any lost or corrupted software, ELECTRONIC DATA, and files.

Condition, possession, and incident details

WE will request details about the PROTECTED ITEM for which YOU are making a claim. WE may also ask for proof of condition and possession, including but not limited to its receipt or other evidence of insurable interest or ownership, such as a photograph of YOU with the item. WE may also request a police report or other relevant documentation explaining the circumstances that led to YOUR claim.

WE reserve the right to question YOU under oath about YOUR claim and YOU must be willing to sign a copy of YOUR answers to OUR questions, as a proof of loss.

Deductible

The deductible is the amount YOU will pay in the event of a claim. YOU will be required to pay the deductible each time YOU make a claim before YOUR claim is settled.

If there is a cash settlement of YOUR claim, WE will offset the amount of the deductible for that item against the amount owed to YOU.

If WE are repairing or replacing the PROTECTED ITEM, WE will collect the deductible from the payment method nominated in YOUR Trōv PROFILE.

Claim Fulfillment


If your item can be repaired

WE will repair YOUR PROTECTED ITEM if it is repairable. If YOUR item is repaired, PROTECTION will continue as normal, until YOU TURN OFF PROTECTION.

Depending on the item and repair circumstances, at OUR discretion, WE will either:

  • arrange for repair of YOUR item through an authorized service center or dispatch service; or
  • authorize YOU to obtain YOUR own repair work and submit a receipt to US for reimbursement.

In the event of a claim, if YOU have been without YOUR item for more than thirty (30) days due to repair, WE will refund YOUR premium paid during the repair time period.

If your item cannot be repaired

If WE cannot repair YOUR PROTECTED ITEM, WE will provide YOU with an exact replacement. If an exact replacement is not available, WE will replace it with one with equivalent features (new or refurbished). If WE are not able to repair or replace YOUR PROTECTED ITEM, WE will pay YOU, at OUR discretion, an amount reflective of the PROTECTED ITEM’S replacement value in the form of cash, gift card, or vouchers.

If YOUR item is replaced, PROTECTION for YOUR PROTECTED ITEM will end. If YOU want to PROTECT the replacement item, YOU will need to purchase PROTECTION for the replacement item through the Trōv APPLICATION (see ‘Managing YOUR PROTECTION’).

Delivery address for replaced items

YOUR repaired or replaced items will be delivered to the U.S. address registered in YOUR Trōv PROFILE.

Worldwide Coverage

The coverage provided applies when YOU travel outside of the United States. If YOUR item needs repair while traveling abroad, YOU may file a claim with US and YOU will be instructed on how to proceed. 

Our recovery rights

YOU must allow US to take legal action in YOUR name against another person to recover any payment WE have made on a claim, whether before or after WE have paid YOUR claim, or whether or not YOU have received a repair, replacement, or compensation.

Denying a claim

If WE deny a claim, WE will provide reasons for OUR decision and send YOU an email confirming OUR decision.

Other Stuff


Changes to your terms of protection

WE may change the premium, benefits, terms, and/or exclusions of YOUR TERMS OF PROTECTION by giving YOU at least thirty (30) days’ notice. This notice will explain OUR reasons for making the changes and will be emailed to YOUR nominated email address in YOUR Trōv APPLICATION.

If YOU do not wish to accept these changes to YOUR TERMS OF PROTECTION, YOU may CANCEL YOUR TERMS OF PROTECTION before the changes take effect by TURNING OFF PROTECTION for the PROTECTED ITEM via the Trōv APPLICATION. If YOU do not CANCEL YOUR TERMS OF PROTECTION within the notice period, YOU will be bound by the changes, although YOU may CANCEL YOUR PROTECTION at any time after that.

We may stop your protection

Should YOU fail to make YOUR payment when due on the first (1st) of each month, WE will email YOU to notify YOU that payment has not been received and, WE will give at least fifteen (15) days notice of cancellation. During this fifteen (15) day notice period WE will re-attempt to charge YOUR nominated payment method on file. If we are unable to collect payment during this fifteen (15) day notice period, WE will CANCEL YOUR TERMS OF PROTECTION on the sixteenth (16th) day. WE will notify YOU by email to confirm the CANCELLATION of YOUR TERMS OF PROTECTION. If allowed by applicable law, WE may deduct outstanding premium from a claim payment or refuse to pay any pending claims that have occurred during a protection period in which the premium due was not paid.

If WE are no longer able to source replacement parts or replacements for YOUR item, WE may send YOU a nonrenewal notice that YOUR item is no longer eligible for PROTECTION.

Fraud

WE want to provide a great PROTECTION experience to all OUR customers. Unfortunately, there are some that try and carry out fraudulent activity. WE take this very seriously, and as a result WE may need to share the data WE hold on YOU with other insurers, law enforcement agencies, and anti-fraud data providers in order to help prevent and detect fraud, both in relation to details YOU have provided to US when purchasing PROTECTION and information relating to YOUR claim as required and permitted by law.

Any person who knowingly and with intent to defraud any insurance company or other person presents a false or fraudulent claim, including for the payment of a LOSS, or conceals, for the purpose of misleading, information concerning any fact material thereto, commits a fraudulent act and is guilty of a crime.

If YOU or anyone acting for YOU:

  • knowingly provide(s) information to US as part of YOUR application that is inaccurate or false;
  • knowingly make(s) a fraudulent or exaggerated claim under YOUR PROTECTION;
  • knowingly make(s) a false statement in support of a claim;
  • submits a false or forged document in support of a claim; or
  • makes a claim for any LOSS, THEFT, MECHANICAL BREAKDOWN, or ACCIDENTAL DAMAGE caused by YOUR willful act or caused with YOUR agreement, knowledge, or collusion,

then:

  • WE may prosecute fraudulent claimants;
  • WE may take action to remove YOUR PROTECTION upon fifteen (15) days’ notice or other period as required by law;
  • WE will not pay any fraudulent claims;
  • WE will be entitled to recover from YOU the amount of any fraudulent claim already paid under YOUR PROTECTION since the start date;
  • WE may not return any premium paid by YOU for the PROTECTION;
  • WE may inform the police of the circumstances;
  • WE may pass YOUR details onto fraud prevention agencies or the relevant department of insurance; and
  • WE may place YOUR details onto a register of claims through which insurers share claims-related information.

Communicating with you

YOUR TERMS OF PROTECTION documents and related communications will be available to YOU in the Trōv APPLICATION and/or provided to YOU by email to YOUR nominated email address, either as an attachment or as a secure website link. Each electronic communication will be deemed to be received by YOU at the time it leaves OUR information system, unless another form of communication is required by YOUR state.

DEFINITIONS

ACCIDENTAL DAMAGE: Unintended physical damage that puts the PROTECTED ITEM in a position where it no longer functions as it was originally intended.

CANCEL / CANCELLATION: When coverage under this TERMS OF PROTECTION ends.

CONSEQUENTIAL LOSS: Costs relating to the covered perils, such as earnings or additional data costs on YOUR item.

ELECTRONIC DATA: Software, applications (or “apps”), images, films, music, or any other files stored electronically on YOUR PROTECTED ITEM.

LOSS: Where YOU do not know where YOUR PROTECTED ITEM is and cannot recover it. Items confiscated by customs, other officials, or government authorities are not considered lost.

MECHANICAL BREAKDOWN: Failure of PROTECTED ITEM to operate due to a faulty part or workmanship or normal wear and tear when operated according to the manufacturer’s instructions.

PROTECT / PROTECTED / PROTECTION: To TURN ON PROTECTION and be covered by this TERMS OF PROTECTION.

PROTECTED ITEM: An item that is insured through YOUR Trōv APPLICATION is described as PROTECTED. Each PROTECTED ITEM will be listed in YOUR PROTECTION SUMMARY.

PROTECTION SUMMARY: This summarizes the item that is currently PROTECTED and will be emailed to YOU each month. YOU can also access it via the Trōv APPLICATION.

TERMS OF PROTECTION: This is YOUR monthly contract of insurance or PROTECTION. It is the legal agreement between YOU and US.

THEFT: Where the PROTECTED ITEM has been taken from YOU or from a secure location without YOUR consent and YOU have no means of retrieving the item.

Trōv APPLICATION:  Trōv APPLICATION means Trōv iOS application, Trōv Android application, Trōv website or a combination thereof as well as other future technological mediums that may be added by Trōv.

Trōv PROFILE: The section of YOUR Trōv APPLICATION that contains YOUR preferences.

TURN OFF / TURNED OFF / TURNING OFF: To CANCEL PROTECTION for YOUR PROTECTED ITEM.

TURN ON / TURNED ON / TURNING ON: To commence PROTECTION for YOUR PROTECTED ITEM.

YOU / YOUR: The person named in the Trōv PROFILE and on the PROTECTION SUMMARY. This is the person who has the contract of insurance with Trōv.

WE / OUR / US: KnightBrook Insurance Company.

Complaints

If YOU have a complaint concerning this product, OUR services, or a decision made in relation to YOUR PROTECTION, please:

  • email complaints@trov.com
  • call +1 (866) 977-1866
  • write to US at: 347 Hartz Ave, Danville, CA 94526

Legal action against us

No one may bring legal action against US under the TERMS OF PROTECTION unless there has been full compliance with all terms in the TERMS OF PROTECTION and the action is brought within two (2) years after YOU have knowledge of the LOSS or damage.

Arbitration Agreement

Any dispute, claim or controversy arising out of or relating to this TERMS OF PROTECTION or the breach, termination, enforcement, construction, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by final and binding arbitration in YOUR state of residence..  We both waive the right to resolve any dispute, claim or controversy arising out of or relating to this TERMS OF PROTECTION by a judge and/or jury. We also agree not to participate as a class representative or class member in any class action litigation, any class arbitration or any consolidation of individual arbitrations against each other.

The arbitration shall be conducted in accordance with the Commercial Rules of the American Arbitration Association. Judgment on the Award may be entered in any court having jurisdiction. This TERMS OF PROTECTION and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of [State], exclusive of conflict or choice of law rules.

The parties shall maintain the confidential nature of the arbitration proceeding and the award, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.

Should YOU remain dissatisfied following OUR final written response, YOU may refer YOUR case to the Department of Insurance for YOUR state of residence. The Department of Insurance is the governing body that assists on complaints about general insurance products. This does not affect YOUR right to take legal action.

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