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Services and contracts

Do the Applicant's software products or services address any specific high-exposure activities (IT security, e-commerce, finance/banking, medical/healthcare, media broadcasting/streaming, ERP/CRM/SCM, custom programming)?

The question is not how complex your product is. It is what happens to someone else when it fails.

Attested, not tenant-verifiable

What the carrier is actually asking

The carrier is asking whether your products or services support high-consequence activities: security, ecommerce, finance and banking, healthcare, broadcasting, enterprise resource planning, or custom development for critical processes.

Why it is underwritten

Consequence of failure drives professional liability. Software that manages payroll for thousands of employers fails expensively; software that supports clinical decisions fails dangerously. Carriers underwrite the downstream impact rather than the technical difficulty.

Where the answer lives in Microsoft 365, Entra ID, and Azure

This is a description of how your product is used, which sometimes differs from how it was designed to be used.

PlatformWhere the setting livesWhat has to be true
ProductWhat business processes the product supportsThe actual use, including uses customers found that you did not design for. Attested
CustomersSectors served and their regulatory contextWhether customers are regulated entities, which imports their obligations into your service
ContractsLimitations on use in high-consequence contextsContractual restrictions where you have excluded certain uses
CriticalityWhether the product is in the critical path of customer operationsAvailability obligations, since a product that stops the customer operating is a business interruption source for them
CertificationsSector-specific compliance where requiredRequirements attaching to the sectors served
Customers use products in ways you did not intend

A reporting tool sold for general analytics ends up supporting regulatory submissions. A scheduling product ends up running clinical rotas. The consequence of failure is set by the actual use, and a contractual disclaimer helps less than knowing about it.

What a defensible yes requires

  • Actual customer use is described, not only intended use.
  • Regulated sectors served are identified.
  • Contractual use limitations are documented where they exist.
  • Availability obligations are understood where the product is in a critical path.
  • Sector-specific compliance obligations are met.

How this answer goes wrong

The product is described as a general business tool while its largest customers are hospitals and banks. The exposure follows those customers, and the description understates the terms the placement needs.

Frequently asked

Does this affect insurability?

It affects terms and market selection. High-consequence applications attract higher limits and specialist wordings rather than declines.

Can contract terms limit this?

They help, and they do not eliminate exposure, particularly where a customer relies on the product for a regulated process. Disclose and structure cover accordingly.

What if only a few customers are in these sectors?

Disclose it. A small number of high-consequence customers can dominate your liability profile.

Does open source usage matter here?

It is a related question about component risk. The third-party content question covers licensing; this one covers consequence of failure.

Related questions

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