Terms of Service
Last Updated & Effective Date: October 14, 2026
Entities Covered: Cushion Insurance Agency, LLC & Cushion Insurance Inc.
Entities Covered: Cushion Insurance Agency, LLC & Cushion Insurance Inc.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING OR USING OUR SERVICES.
THEY CONTAIN BINDING ARBITRATION PROVISIONS, A CLASS ACTION WAIVER, AND SPECIFIC SURPLUS LINES LEGAL DISCLAIMERS GOVERNING YOUR USE OF OUR WEBSITES, DIGITAL PORTALS, AND INSURANCE PROCUREMENT SERVICES.
THEY CONTAIN BINDING ARBITRATION PROVISIONS, A CLASS ACTION WAIVER, AND SPECIFIC SURPLUS LINES LEGAL DISCLAIMERS GOVERNING YOUR USE OF OUR WEBSITES, DIGITAL PORTALS, AND INSURANCE PROCUREMENT SERVICES.
1. Agreement To Terms and Operating Framework
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "Applicant," or "Insured") and Cushion Insurance Agency, LLC (licensed Surplus Lines Brokerage, CA License #4528040) and Cushion Insurance Inc. (collectively "Cushion," "Company," "we," "us," or "our").
By accessing our websites, API integrations, digital portals, or interactive tools (collectively, the "Platform"), or by requesting a quote or binding a Private Supplemental Involuntary Unemployment Insurance ("PSIUI") policy, you expressly agree to be bound by these Terms. If you do not agree to these Terms, you are strictly prohibited from accessing or using the Platform.
By accessing our websites, API integrations, digital portals, or interactive tools (collectively, the "Platform"), or by requesting a quote or binding a Private Supplemental Involuntary Unemployment Insurance ("PSIUI") policy, you expressly agree to be bound by these Terms. If you do not agree to these Terms, you are strictly prohibited from accessing or using the Platform.
2. Mandatory Surplus Lines Statutory Notice
SURPLUS LINES NOTICE: ALL INSURANCE PRODUCTS DESCRIBED ON OR COVERAGE PROCURED THROUGH OUR PLATFORM ARE UNDERWRITTEN IN THE NON-ADMITTED (SURPLUS LINES) INSURANCE MARKET. SURPLUS LINES POLICIES ARE NOT SUBJECT TO THE FULL REGULATORY OVERSIGHT OF STATE DEPARTMENTS OF INSURANCE.
SURPLUS LINES INSURERS DO NOT PARTICIPATE IN STATE GUARANTY FUNDS. SURPLUS LINES POLICIES ARE NOT PROTECTED OR BACKED BY ANY STATE GUARANTY FUND OR INSOLVENCY ASSOCIATION IN THE EVENT OF INSURER INSOLVENCY.
SURPLUS LINES TAXES, STAMPING FEES, AND STATUTORY ASSESSMENTS ARE DETERMINED BY THE INSURED'S RESIDENT/HOME STATE, ITEMIZED AT BIND, AND COLLECTED AS A FIDUCIARY PASS-THROUGH.
SURPLUS LINES INSURERS DO NOT PARTICIPATE IN STATE GUARANTY FUNDS. SURPLUS LINES POLICIES ARE NOT PROTECTED OR BACKED BY ANY STATE GUARANTY FUND OR INSOLVENCY ASSOCIATION IN THE EVENT OF INSURER INSOLVENCY.
SURPLUS LINES TAXES, STAMPING FEES, AND STATUTORY ASSESSMENTS ARE DETERMINED BY THE INSURED'S RESIDENT/HOME STATE, ITEMIZED AT BIND, AND COLLECTED AS A FIDUCIARY PASS-THROUGH.
3. Underwriting and Payroll APIs
To mitigate fraud and moral hazard, Cushion enforces an algorithmic underwriting workflow:
• OAuth Consumer-Permissioned Data Ingestion: By applying for coverage, you expressly grant Cushion tokenized, read-only OAuth permission to extract compensation, tenure, job title, and employment status directly from your payroll provider. You warrant that all payroll credentials provided belong to you and accurately reflect your active, primary W-2 employment.
• Zero-Tolerance for Data Alteration: Any attempt to spoof tokens, intercept API payloads, or upload falsified documents triggers an immediate referral to our Special Investigations Unit (SIU) and statutory reporting to State Insurance Department Anti-Fraud Units.
• OAuth Consumer-Permissioned Data Ingestion: By applying for coverage, you expressly grant Cushion tokenized, read-only OAuth permission to extract compensation, tenure, job title, and employment status directly from your payroll provider. You warrant that all payroll credentials provided belong to you and accurately reflect your active, primary W-2 employment.
• Zero-Tolerance for Data Alteration: Any attempt to spoof tokens, intercept API payloads, or upload falsified documents triggers an immediate referral to our Special Investigations Unit (SIU) and statutory reporting to State Insurance Department Anti-Fraud Units.
4. Intellectual Property and Acceptable Use
All content, underwriting algorithms, interactive calculators, software code, visual design assets, and trademarks on the Platform are the exclusive intellectual property of Cushion. You are granted a limited, non-exclusive, non-transferable license to access the Platform for personal insurance procurement. You are strictly prohibited from: (i) reverse engineering or scraping underwriting logic; (ii) automated framing or deep-linking; (iii) utilizing the Platform for competitive benchmarking; or (iv) submitting false credentials.
5. Disclaimers of Warranties
EXCEPT FOR THE EXPLICIT WRITTEN INDEMNITY OBLIGATIONS SET FORTH IN AN ISSUED INSURANCE POLICY CONTRACT, THE PLATFORM AND ALL CONTENT, CALCULATORS, AND ESTIMATES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. CUSHION DOES NOT WARRANT THAT THE CALCULATOR FIGURES, ESTIMATED PREMIUMS, OR PRE-QUALIFICATION TOOLS CONSTITUTE A BINDING OFFER OF INSURANCE OR GUARANTEE CLAIM APPROVAL.
6. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CUSHION, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, FRONTING CARRIERS, OR REINSURERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING LOSS OF PROFITS, SAVINGS, DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE PLATFORM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. Mandatory Binding Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT IMPACTS YOUR LEGAL RIGHTS TO FILE A LAWSUIT IN COURT.
A. Agreement to Arbitrate: You and Cushion agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Platform, or the procurement of insurance services shall be determined by final and binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules in the State of Delaware. If the mandatory statutes of your Resident State expressly prohibit compulsory arbitration clauses in surplus lines insurance contracts, this arbitration provision shall defer to the statutory jurisdiction of your Resident State.
B. CLASS ACTION WAIVER: YOU AND CUSHION AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims or preside over any form of representative class action.
C. Statute of Limitations: Any arbitration or legal action against Cushion must be commenced within one (1) year after the cause of action accrues, or the statutory minimum required by your Resident State, or be permanently barred.
A. Agreement to Arbitrate: You and Cushion agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Platform, or the procurement of insurance services shall be determined by final and binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules in the State of Delaware. If the mandatory statutes of your Resident State expressly prohibit compulsory arbitration clauses in surplus lines insurance contracts, this arbitration provision shall defer to the statutory jurisdiction of your Resident State.
B. CLASS ACTION WAIVER: YOU AND CUSHION AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims or preside over any form of representative class action.
C. Statute of Limitations: Any arbitration or legal action against Cushion must be commenced within one (1) year after the cause of action accrues, or the statutory minimum required by your Resident State, or be permanently barred.
8. Governing Law and Severability
These Terms and all platform interactions shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to choice-of-law principles, except as preempted by federal insurance law or the mandatory surplus lines statutes of your Resident State. If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
9. Contact Information & Legal Notices
For legal notices, compliance inquiries, or licensing verification, please contact:
Email: legal@needcushion.com
Mailing Address: Cushion Insurance Agency, LLC,
Attn: Legal & Compliance Department,
390 NE 191st St, Suite 93139
Miami, FL, 33179
Phone (Toll-Free): 1-844-564-CSHN (2746)
Email: legal@needcushion.com
Mailing Address: Cushion Insurance Agency, LLC,
Attn: Legal & Compliance Department,
390 NE 191st St, Suite 93139
Miami, FL, 33179
Phone (Toll-Free): 1-844-564-CSHN (2746)