User Terms of Service
Feb 10, 2026
These User Terms of Service (the "User Terms") govern your access and use of the Onyx technology platform for telephonic agent workforces (the "Services"). Please read them carefully. Even though you are accessing an existing workspace controlled by your employer or agency, these User Terms apply to you as an individual user of the Services.
These User Terms are a legally binding contract between you and Onyx Platform Corporation ("Onyx," "we," "us," or "our"). As part of these User Terms, you agree to comply with the most recent version of our Acceptable Use Policy, which is incorporated by reference into these User Terms. If you access or use the Services, you confirm that you have read, understand and agree to be bound by these User Terms and the Acceptable Use Policy.
1. Customer Authorization and Control
Authorized User Status
An organization that we refer to in these User Terms as "Customer" has contracted with us and invited you to use the Services. If you are working for an insurance agency, for example, that agency is our Customer. Customer has authorized you to access and use the Services as part of their telephonic agent workforce.
Customer's Rights and Control
Customer has separately agreed to our Master Services Agreement or entered into a written agreement with us (the "Contract") that permitted Customer to create and configure access so that you and others could join as authorized users (each, an "Authorized User"). When you submit content or information to the Services, such as customer data, call recordings, or files ("Customer Data"), you acknowledge and agree that the Customer Data is owned by Customer and the Contract provides Customer with control over that Customer Data.
Allocation of Responsibilities
As between us and Customer, you agree that it is solely Customer's responsibility to:
(A) Inform you of any relevant Customer policies and practices and any settings that may impact the processing of Customer Data;
(B) Obtain any rights, permissions or consents from you that are necessary for the lawful use of Customer Data and operation of the Services;
(C) Ensure that your use of the Services complies with all applicable laws, including the Telephone Consumer Protection Act ("TCPA") and state telemarketing laws;
(D) Respond to and resolve any dispute with you relating to Customer Data, the Services, or Customer's failure to fulfill these obligations.
Onyx makes no representations or warranties of any kind to you relating to the Services, which are provided to you on an "as is" and "as available" basis.
2. Eligibility Requirements
Age and Authorization Requirements
The Services are intended for use by insurance agents and other telephonic workforce professionals. You represent that you are:
At least 18 years of age or the applicable age of majority in your jurisdiction;
Of legal working age and authorized to work in your jurisdiction;
The intended recipient of Customer's invitation to the Services; and
If applicable, properly licensed to sell insurance or provide the services contemplated by your role.
3. Acceptable Use and Conduct
Compliance Requirements
To help ensure a safe, compliant, and productive work environment, all Authorized Users must comply with our Acceptable Use Policy and any applicable policies established by Customer. This includes, but is not limited to:
TCPA Compliance: You must comply with all applicable telemarketing laws, including obtaining proper consent before making calls and honoring opt-out requests;
Professional Conduct: You must maintain professional standards appropriate for insurance and financial services communications;
Data Privacy: You must handle all customer information in accordance with applicable privacy laws and Customer's policies;
Accurate Representations: You must not misrepresent policy benefits, premiums, or carrier relationships.
Prohibited Activities
Your use of the Services is subject to our Acceptable Use Policy, which prohibits activities such as:
Sending spam, robocalls, or unsolicited communications without proper consent;
Spoofing caller ID or misrepresenting your identity;
Harassing, threatening, or abusing individuals through calls or messages;
Violating TCPA, DNC registry rules, or other telemarketing laws;
Falsifying agent credentials or customer data during policy sales.
If you see inappropriate behavior or content, please report it to your supervisor or Customer's designated administrator.
4. Term and Termination
Duration of Agreement
These User Terms remain effective until Customer's subscription expires or terminates, or your access to the Services has been terminated by Customer or us. Please contact Customer if you wish to terminate your access to the Services for any reason.
Enforcement Actions
If we believe that there is a violation of the Contract, User Terms, the Acceptable Use Policy, or any of our other policies, we will, in most cases, ask Customer to take action rather than intervene directly. We may directly step in and take appropriate action (including disabling your account) if Customer does not take appropriate action or we believe there is a credible risk of harm.
5. Limitation of Liability
In no event will we have any liability to you for any lost profits or revenues or for any indirect, special, incidental, consequential, cover or punitive damages however caused. Our maximum aggregate liability to you for any breach of the User Terms is one hundred dollars ($100) in the aggregate.
6. General Provisions
Notices
All notices under the User Terms will be by email or through the Services. Notices to Onyx should be sent to support@onyxplatform.com.
Privacy Policy
Please review Customer's privacy policies and our data processing practices for more information on how customer data is collected and used in connection with the Services.
Modifications
We may change these User Terms or the Acceptable Use Policy at any time in our sole discretion. Any changes will become effective immediately upon posting the updated terms on our website or platform. Your continued use of the Services after any changes constitutes your acceptance of the revised terms. You are responsible for regularly reviewing these User Terms to stay informed of any updates.
Governing Law and Dispute Resolution
These User Terms will be governed by the laws of the State of Delaware, and any disputes will be resolved by binding arbitration in the State of Washington under the rules of JAMS, consistent with the governing law provisions in the Contract between Customer and Onyx.
Entire Agreement
The User Terms, including the Acceptable Use Policy, constitute the entire agreement between you and us regarding your use of the Services. If there is a conflict between the Contract and these User Terms, the terms of the Contract will prevail.
Contact Information
Please contact us if you have any questions about these User Terms. You may contact us at info@onyxplatform.com.