Terms of
Service.

01

Acceptance of these Terms

These Terms of Service (“Terms”) are an agreement between you and Choco Inc., a Delaware corporation doing business through the Choco Insurance brand and operating the Choco SafeBuild program (“Choco,” “we,” “us,” or “our”). They apply when you access or use chocoinsurance.com, our inquiry forms, and any related website or online service that links to these Terms (collectively, the “Services”).

By accessing or using the Services, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Services. If you use the Services for an organization, you represent that you have authority to act for that organization and “you” includes that organization.

You must be at least 18 years old and legally capable of entering a binding agreement to submit a business inquiry through the Services.

02

The Services

The Services provide general information about Choco, Choco SafeBuild, ISO 45001-related community and risk-management concepts, potential membership pathways, and programs that may be under development. We may add, change, suspend, or discontinue content or functionality at any time.

The public website does not create an account, grant membership, certify any organization, or provide access to an insurance product. Any membership, technology, consulting, risk-management, insurance, captive, or other product will be governed by separate eligibility requirements and written agreements. If those agreements conflict with these Terms, the separate agreements control for that product or relationship.

03

Insurance and program notice

Choco SafeBuild is a membership, technology, and risk-management platform and is not itself an insurance company. Insurance products, where available, are offered only through appropriately licensed entities and are subject to underwriting, carrier approval, state availability, policy terms, and applicable law. Do not cancel, modify, or replace existing insurance based on information in the Services.

Content on the Services is for general informational purposes. It is not insurance, legal, financial, tax, engineering, occupational-safety, certification, or other professional advice. You should consult qualified professionals familiar with your circumstances before acting. Information about programs in formation is forward-looking, may change, and should not be treated as a promise or offer.

Choco SafeBuild does not grant ISO 45001 certification and is not affiliated with or endorsed by the International Organization for Standardization. ISO is a registered trademark of that organization.

04

Acceptable use

Subject to these Terms, Choco grants you a limited, revocable, non-exclusive, non-transferable right to access and use the Services for lawful business and informational purposes.

You may not:

• use the Services in violation of law or the rights of another person;
• submit false, misleading, fraudulent, infringing, or unlawful information;
• attempt to gain unauthorized access to the Services, related systems, or data;
• interfere with operation or security, introduce malware, bypass protective measures, or conduct unauthorized vulnerability testing;
• use automated means to scrape, harvest, overload, or extract data from the Services, except for ordinary search-engine indexing that follows our published crawler instructions;
• copy, frame, mirror, republish, sell, or commercially exploit a material portion of the Services without our written permission; or
• misrepresent affiliation with Choco or use Choco names, marks, or content to endorse a product or service without authorization.

We may restrict or terminate access when we reasonably believe use violates these Terms, creates risk, or could harm Choco, the Services, or others.

05

Your submissions and feedback

You retain ownership of information and materials you submit. You grant Choco a non-exclusive right to host, copy, transmit, and otherwise use those materials as reasonably necessary to operate the Services, respond to your request, evaluate a potential relationship, and fulfill the purposes described in our Privacy Policy.

You represent that you have the rights and permissions necessary to submit the information and that it is accurate to the best of your knowledge. Do not submit confidential, proprietary, health, government-identification, payment-card, or other sensitive information unless Choco specifically requests it through an approved channel.

If you voluntarily provide an idea or suggestion about the Services, Choco may use it without restriction or compensation, provided that this does not grant Choco ownership of your confidential information or personal information.

06

Intellectual property

The Services, including their design, text, graphics, logos, software, and compilation, are owned by Choco or its licensors and are protected by intellectual-property laws. Except for the limited right to use the Services under these Terms, no rights are granted to you. All rights not expressly granted are reserved.

Third-party names and marks belong to their respective owners. Reference to a third party does not imply endorsement, sponsorship, or affiliation.

07

Third-party services and links

The Services may link to websites, platforms, standards organizations, social networks, or services operated by third parties. Choco does not control and is not responsible for their content, availability, security, or privacy practices. Your use of a third-party service is governed by that third party’s terms and policies.

08

Privacy

Our Privacy Policy explains how we collect, use, disclose, retain, and protect personal information. By submitting information through the Services, you acknowledge the practices described there.

09

Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” CHOCO AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS DISCLAIM ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND QUIET ENJOYMENT.

WE DO NOT WARRANT THAT THE SERVICES WILL BE COMPLETE, CURRENT, UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY DEFECT WILL BE CORRECTED. NOTHING IN THESE TERMS EXCLUDES A WARRANTY OR RIGHT THAT CANNOT LAWFULLY BE EXCLUDED.

10

Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CHOCO AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, BUSINESS, OPPORTUNITY, OR GOODWILL, ARISING FROM OR RELATED TO THE SERVICES OR THESE TERMS, EVEN IF ADVISED THAT SUCH DAMAGES MAY OCCUR.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF CHOCO AND THE OTHER PARTIES LISTED ABOVE FOR ALL CLAIMS ARISING FROM OR RELATED TO THE PUBLIC SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID CHOCO TO USE THE PUBLIC SERVICES IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY OR US$100.

These limitations do not apply to liability that cannot be limited or excluded under applicable law.

11

Indemnity

To the extent permitted by law, you will defend, indemnify, and hold harmless Choco and its affiliates, officers, employees, and agents from third-party claims, damages, losses, liabilities, and reasonable costs arising from your unlawful use of the Services, your material violation of these Terms, or information you submit in violation of another person’s rights. Choco will provide reasonable notice of a covered claim and may control its defense.

12

Governing law and disputes

These Terms are governed by the laws of the State of New York, without regard to conflict-of-law rules, except to the extent applicable law requires otherwise. You and Choco consent to the exclusive jurisdiction and venue of the state and federal courts located in Kings County, New York, for any dispute arising from or relating to the Services or these Terms.

Before filing a claim, you and Choco agree to make a good-faith effort for at least 30 days to resolve the dispute informally. To begin that process, send a written description of the dispute and requested resolution to hello@chocoinsurance.com.

13

Changes to the Services or these Terms

We may update these Terms to reflect changes in the Services, law, or our operations. The revised Terms will be posted here with a new “Last updated” date. Changes apply prospectively when posted unless another date is stated. Your continued use of the Services after a change becomes effective constitutes acceptance of the revised Terms.

14

General terms

These Terms and the Privacy Policy are the entire agreement between you and Choco concerning the public Services, except that a separate written agreement governs the product or relationship it covers. If Choco does not enforce a provision, that is not a waiver. If a provision is held unenforceable, it will be enforced to the maximum lawful extent and the remaining provisions will continue in effect.

You may not assign these Terms without Choco’s written consent. Choco may assign these Terms in connection with a reorganization, merger, acquisition, sale of assets, or by operation of law. Headings are for convenience only. Sections that by their nature should survive termination will survive, including intellectual property, disclaimers, liability limitations, indemnity, and dispute provisions.

15

Contact us

Questions about these Terms may be sent to: