T&C Insurance Broker

Terms and Conditions Insurance Broker

Preamble: Who we are and what we do

We, SureIn GmbH, operate the Internet platform www.surein.de. We act as insurance brokers within the meaning of § 34d (1) Trade, Commerce and Industry Regulation Act (GewO). We are registered with the commercial register of the Charlottenburg Local Court under No. HRB 231297 B.

What do we do for you?

We actively and passively represent our clients to the insurers. We

• make all necessary declarations of intent and

• accept them as well,

• conclude new contracts,

• amend existing contracts, and

• terminate existing contracts.

We only act with your explicit consent. You can manage your existing contracts online on our portal. This can be done on both desktop and mobile devices via the app.

1 Scope: What do these terms and conditions regulate?

1.1 These terms and conditions (hereinafter "T&Cs") govern the entire contractual relationship between you (hereinafter "customer") and us (hereinafter "broker"). The T&Cs apply to all transactions you make via our Internet platform, app, or in direct contact with us, provided that the T&Cs became an integral part of the contract before the transaction was concluded. The T&Cs become part of the contract between you and us only if we expressly draw your attention to the T&Cs before the conclusion of the contract and you have the opportunity to take notice of their content.

1.2 The T&Cs apply in the version valid at the time of ordering. You can find these T&Cs online at: http://www.SureIn.de/en/terms

1.3 Deviating T&Cs apply only if we have expressly agreed to them in writing.

1.4 Pursuant to § 15 Insurance Mediation Regulation, we must provide you with information at first contact. You can access and download this initial information at https://www.SureIn.de/en/initialinformation

2 Object of Performance: How can you use our portal?

2.1 You can easily and digitally manage existing insurance on our Internet platform or app. You can also optimize your contracts or conclude new insurance contracts. You can use our Internet platform or app free of charge and can terminate the usage at any time.

2.2 If you use our services on our Internet platform or app, your contracts do not change. We do not automatically take over your insurance contracts or modify them.

2.3 We will only act as a broker for you if you expressly instruct us. If you have instructed us accordingly, we can act as follows:

• Include existing contracts in our Internet platform or app and display them to you,

• conclude new contracts,

• amend existing contracts,

• terminate contracts.

2.4 We make every effort to make our services accessible to you at all times via our Internet platform. However, we do not owe or guarantee that you can access our Internet platform or app. Except in cases of willful misconduct or gross negligence, we are not liable for outages due to:

• technical reasons, e.g.:

  • faulty hardware,

  • defective software,

  • maintenance work.

• reasons beyond our control, e.g.:

  • force majeure,

  • third-party fault.

The above limitation of liability does not apply to damage to health and life, or to typically foreseeable damage resulting from a breach of a material contractual obligation (so-called cardinal obligations).

3 Terms of Use: What rules must you observe when using our portal?

3.1 To fully use our services, you must register on our Internet platform or app. Individual functions are also available without registration.

3.2 Only the following unrestrictedly capable persons are entitled to use and register:

• adult natural persons,

• personal partnerships,

• legal entities.

Personal partnerships and legal entities must register through an authorized person, providing their first and last names.

3.3 When using our services, you must answer all questions completely and truthfully. You must also provide data completely and correctly. If we have doubts that the information is not correct and complete, we can terminate the cooperation at any time and reverse your registration. Our data processing is subject to our privacy policies. You can view and download these at www.SureIn.de/en/privacy. You are not entitled to a user account; we can temporarily block your access if there is a legitimate interest to do so. We consider your interests and ours equally. If we block your user account, we will inform you in writing. In this context, writing means: email, SMS, or fax, not necessarily letter.

3.4 By using our services, a user agreement is concluded between us. The details of the use are regulated in these T&Cs.

3.5 If our Internet platform or app provides a corresponding offer, it enables you to do the following:

• You can search for a suitable insurance free of charge and without obligation.

• In addition, you can clearly manage and optimize existing contracts.

• All objective and recognized criteria for insurance products are taken into account.

3.6 You can also check your existing insurances for benefits and completeness. This checking process is based on objective and generally recognized criteria. Please note: Over time, your needs may change. An existing insurance may no longer meet your needs at a later stage of your life. It may also deviate from the criteria underlying the software. We do not guarantee that the existing contracts we take over, when they were concluded:

• represented the most suitable,

• the best,

• the most sensible choice for you.

3.7 The use of our Internet platform or app cannot necessarily replace personal advice. Therefore, we offer to advise you individually upon request. The necessary contact can be made through various channels. We either advise you personally or engage a competent third party to do so.

3.8 If we are to manage your contracts, you must grant us a power of attorney. A power of attorney entitles us to, among other things:

• view your existing contracts with the insurers and

• transfer your existing contract data to our system.

We do not guarantee that the data we receive from the insurers is complete or correct.

3.9 You are obliged to use the offered services only according to their purpose. You may not integrate the software into your own computer programs or

• compose with them,

• sell,

• rent,

• loan,

• distribute,

• sub-license,

• integrate into further programs,

• link with further programs,

• use for illegal purposes.

3.10 We are entitled at any time to:

• terminate the provision of the Internet platform or app or

• terminate your right to use it.

This applies particularly if you violate the terms of use.

3.11 You can request at any time that we delete your user account. With regard to the storage of data beyond the business relationship, our privacy policies apply. You can view and download these at www.SureIn.de/en/privacy.

3.12 You are responsible for securely storing your access data. You must treat the access data confidentially. This means that you must keep the data secret. Third parties must not view it. If there is a suspicion of data misuse, you must inform us immediately. Please send us an informal email to info@SureIn.de

3.13 You must take appropriate measures to secure the data used on our Internet platform or app. This includes all data that you have entered, uploaded, stored, otherwise sent to us, or received from us on the Internet platform:

• secure,

• uploaded,

• saved,

• otherwise transmitted or

• sent by us to you.

You must regularly and appropriately secure this data and create your own backups. This serves to enable you to restore data and information yourself in the event of data loss.

3.14 We may record and store telephone conversations with you only if you expressly consent to this. This is done due to legal obligations and for the purpose of legally required evidence. At the beginning of the call, you can explicitly agree to the recording of the conversation upon request. Our employees can listen to the conversations afterwards. We are entitled to create transcripts of the recordings. In the event of a legal dispute, we can use the conversations as evidence if you have not expressly objected to the recording.

4 Power of Attorney: What applies to the power of attorney?

4.1 You grant us your power of attorney in two ways:

• Digital signature: We digitally capture your signature and enter it into the power of attorney. We can also use other methods to digitalize your signature.

• Handwritten signature: You sign the power of attorney by hand and send us the signed power of attorney by mail.

4.2 We store your signature in our system. We also use your signature for other documents after you have expressly agreed to its use. If necessary, we pass on the signed power of attorney to insurers or other authorized third parties.

4.3 We have the right to reject a power of attorney at any time and without giving reasons.

4.4 The scope of the power of attorney depends on your respective mandate. It corresponds in extent and scope to a power of attorney customary in this industry. The power of attorney extends, for example, to:

• procuring your data,

• supporting and managing your contracts,

• arranging new contracts,

• assisting with settling insurance claims.

4.5 You can revoke the power of attorney at any time. We also have this right. However, we may only revoke the power of attorney at inopportune times for you if there is a good reason for doing so.

5 Brokerage of Insurance Contracts: How do we broker a suitable insurance for you?

5.1 You can instruct us to conclude insurance contracts for you. In this case, we are obliged to base our suggestion on a sufficient number of contracts and insurers offered on the market. Based on this, we provide you with expert advice on which contract appears suitable to meet your needs. However, this does not apply if we inform you, before submitting the contractual declaration, of a limited selection of companies and products.

5.2 If we refer you to a limited selection, we will inform you on what market and information basis our proposal is made. We will also provide you with the names of the companies taken as a basis. You can waive this obligation by means of a separate written declaration.

5.3 We only mediate contracts that correspond to your individual needs. Our proposals are based, among other things, on the following criteria:

• the relationship between price and performance,

• reliability in processing claims, and

• our expertise.

5.4 We only broker contracts from companies:

• under the supervision of the Federal Financial Supervisory Authority (BaFin) and

• whose regulations are in German.

Foreign insurers also operate in Germany. We only broker the products of these companies if their offer and reliability are comparable to a German company. There is no obligation to do so. Some companies, so-called direct insurers, only distribute their products themselves. They do not allow the conclusion of contracts by third parties. We would like to point out that we cannot broker these contracts.

5.5 You must truthfully and promptly provide all information we require for proper advice and administration.

5.6 If you need to cooperate, for example, by signing an application, you must:

• provide all required statements,

• promptly upon our request or upon request of the insurer.

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6 Communication: How do we communicate with you?

We communicate with you electronically. The only exception to this is declarations that are subject to legal written form. We may not deviate from this.

7 Consultant Liability: In which cases and to what extent are we liable for insurance mediation?

7.1 With the exception of the duties of advice and documentation regulated in §§ 60, 61 VVG, our liability is limited as follows: We are liable up to an amount of 1,300,380 euros per claim if we violate contractual obligations due to slight negligence. In these cases, we also hold liability up to a maximum of 1,924,560 euros for all claims in an insurance year. We limit our liability because there is a financial loss liability insurance for the mentioned amount.

7.2 However, we are liable in the following case: we violate essential contractual obligations due to slight negligence. Essential obligations are obligations:

• fulfilling which enables the execution of the contract and

• on which you can regularly rely on for fulfilling the contract.

Our liability is limited as follows: We are liable up to the typical, foreseeable damage at the time of the conclusion of the contract. We are not liable for lost economic success, lost profit, and any resulting indirect damages.

7.3 We are liable without limitation only for damages:

• resulting from the advisory and documentation duties regulated in §§ 60, 61 VVG,

• that we have intentionally and grossly negligently caused, or

• from the violation of life, body, and health.

7.4 We are liable for defects or errors in the Internet platform or app only if we have fraudulently, intentionally, or grossly negligently concealed such defects or errors.

7.5 We are not liable for disturbances beyond our control. These include, for example:

• overloaded lines or

• failure of telecommunication connections.

7.6 The limitations of liability presented apply equally to:

• our employees and agents, and

• other third parties who help us fulfill our duties.

8 Final Provisions

8.1 If a provision of these T&Cs should be ineffective, all other sections remain effective. Existing contracts remain unaffected. The ineffective provision is eliminated without substitution, being replaced by the statutory regulation. If it turns out that there are gaps in the T&Cs, all other sections remain effective. Existing contracts also remain unaffected.

8.2 If we change these T&Cs, this will - unless it is legally advantageous for you only - happen as follows: Before the adapted T&Cs become valid, we will send you the amended sections or T&Cs in writing. We will separately point out the new passages