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Terms of Service

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PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN A BINDING ARBITRATION AGREEMENT, A CLASS, COLLECTIVE, AND REPRESENTATIVE ACTION WAIVER, A JURY-TRIAL WAIVER, LIMITATIONS ON OUR LIABILITY, AND A SHORTENED TIME LIMIT TO BRING CLAIMS. BY USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE OUR SERVICES.

CRITICAL LEGAL DISCLAIMER

RESTORATOR PRO IS SOFTWARE. IT IS NOT A LAW FIRM, A PUBLIC ADJUSTER, A LICENSED INSURANCE PROFESSIONAL, A FINANCIAL OR TAX ADVISOR, OR ANY OTHER LICENSED PROFESSIONAL, AND IT DOES NOT ACT AS ANY OF THE FOREGOING. WE DO NOT PROVIDE LEGAL, INSURANCE, PUBLIC-ADJUSTING, FINANCIAL, TAX, OR ANY OTHER PROFESSIONAL ADVICE, AND WE DO NOT ADJUST, PRESENT, NEGOTIATE, OR SETTLE INSURANCE CLAIMS ON ANYONE'S BEHALF.

All information provided through the Services, including AI-generated responses, chat interactions, generated documents, outbound messages, voice communications, playbooks, scripts, tactics, and any other content (collectively, "Content"), is provided FOR GENERAL INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. The Content is general in nature, does not account for your specific facts, jurisdiction, policy language, or current law, and is not a substitute for advice from a licensed attorney, licensed public adjuster, licensed insurance professional, accountant, or other qualified professional of your own selection.

BY USING OUR SERVICES, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DECISION OR ACTION YOU TAKE BASED ON THE CONTENT, AND THAT YOU WILL OBTAIN INDEPENDENT PROFESSIONAL REVIEW BEFORE ACTING ON ANY MATTER OF LEGAL OR FINANCIAL CONSEQUENCE.

1. ACCEPTANCE OF TERMS

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Restorator Pro LLC, a Michigan limited liability company ("Company," "we," "us," or "our"), governing your access to and use of our website, applications, AI services, and all related services (collectively, the "Services").

BY ACCESSING OR USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY. If you are using the Services on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms, and "you" includes that organization. If you do not agree to these Terms, you must immediately cease using the Services.

Affirmative Acceptance for AI Features. Before you first receive a response from any AI-powered feature (including the AI coaches, AI assistant, AI-generated documents, outbound SMS, and AI voice features), you must affirmatively accept these Terms and the AI disclaimers by checking a box and clicking "I Agree." By clicking "I Agree," you represent that you have read and understood Sections 3, 4, 5, 6, 7, 9, and 10, and that you accept them on behalf of yourself and any organization you represent. The Company records the date, time, and account associated with each such acceptance, and you agree that this record is admissible evidence of your assent. If you do not click "I Agree," you may not use the AI-powered features.

1A. BUSINESS USE; NOT A CONSUMER TRANSACTION

The Services are offered solely for business and commercial use by restoration contractors and their personnel. By accepting these Terms you represent that you are using the Services for business purposes and not as a consumer for personal, family, or household purposes, that you are at least eighteen (18) years old, and that you are authorized to bind the business on whose behalf you act. The parties intend that consumer-protection statutes applicable only to consumer transactions do not govern this business agreement. This representation does not waive any right that applicable law makes non-waivable.

2. DESCRIPTION OF SERVICES

Restorator Pro provides AI-powered informational and educational software tools and general content related to property-restoration business operations, intended only for use by restoration-contracting businesses and their authorized personnel in operating their own businesses. The Services may include AI assistants and coaches, educational content and playbooks, business-management tools, analytics and reporting, and outbound messaging and voice features.

The Services do NOT: (i) adjust, present, negotiate, or settle insurance claims on behalf of any person; (ii) provide legal advice or legal representation; (iii) prepare or file insurance claims, proofs of loss, or legal documents on your behalf for submission to any third party; or (iv) provide advice tailored to your specific facts, policy, or jurisdiction. Any reference in our marketing or Content to "getting paid," "claims," or similar concepts describes general business-education topics and is not an offer to perform licensed public-adjusting, legal, or other professional services.

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND.

2A. BETA AND EARLY-ACCESS FEATURES

We may offer features identified as "beta," "preview," "early access," or "experimental" ("Beta Features"). Beta Features are provided AS IS and AS AVAILABLE for evaluation only, may be changed, suspended, or discontinued at any time, may be more likely to contain errors or to fail, are excluded from any service-level commitment, and are not recommended for production-critical or compliance-sensitive use. To the maximum extent permitted by law, we disclaim all warranties and liability for Beta Features, and your use of them is at your own risk.

3. AI-GENERATED CONTENT DISCLAIMER

Our Services utilize artificial intelligence ("AI") technology to generate responses and content. These AI disclaimers apply to ALL AI-powered features regardless of medium, including text chat, generated documents, outbound SMS/text messages, and any AI voice or telephone agent. You expressly acknowledge and agree that:

  • AI responses may be inaccurate, incomplete, or incorrect. AI technology is not infallible and may produce errors, hallucinations, or misleading or non-compliant information.
  • AI content is not professional advice. Nothing in our AI responses constitutes legal, insurance, public-adjusting, financial, tax, medical, or any other professional advice.
  • AI responses are general in nature. They do not account for your specific circumstances, jurisdiction, policy language, or applicable laws and regulations.
  • AI responses may be outdated. Laws, regulations, and industry practices change frequently, and AI responses may not reflect current requirements.
  • You must independently verify all information before relying on it or taking any action.

WE EXPRESSLY DISCLAIM ALL LIABILITY FOR ANY RELIANCE YOU PLACE ON AI-GENERATED CONTENT, AND YOU AGREE THAT ANY SUCH RELIANCE IS UNREASONABLE AND IS UNDERTAKEN SOLELY AT YOUR OWN RISK. As a condition of using the Services, you represent, covenant, and agree that: (i) you will NOT use, and have no right to rely on, any AI-generated Content as the sole or primary basis for any decision or action concerning an insurance claim, a legal matter, a financial or tax matter, a regulatory or licensing matter, or any other matter carrying legal or financial consequence; (ii) before acting on any such matter, you will independently verify the relevant facts and law and will obtain the review and approval of a qualified, licensed professional of your own selection (e.g., a licensed attorney, licensed public adjuster, or licensed accountant); (iii) you, and not the Company, exercise independent professional judgment over, and retain sole responsibility for, every decision and communication you make in connection with your business, your customers, and any insurance claim; and (iv) the AI-generated Content does not account for your specific facts, jurisdiction, policy language, or current law. You acknowledge that the Company set its prices and made the Services available in reliance on these allocations of risk, and that the Services would not be offered absent these terms.

Human Decision-Maker. The AI features generate suggestions and draft content only. They do not make, and you will not configure them to make, final decisions on your behalf regarding any insurance claim, legal position, payment, settlement, or other consequential matter. You remain the sole decision-maker and are responsible for reviewing, editing, and approving any AI-generated content before you use, send, file, or act upon it. The Company does not act as your agent and the AI does not exercise discretionary authority on your behalf.

Voice and Messaging Features; Downstream Consent. AI voice and SMS features generate communications automatically and may produce inaccurate, incomplete, or non-compliant statements; they are not a licensed professional and do not provide professional advice. If you enable any AI voice or messaging feature that communicates with your customers or other third parties, you are solely responsible, as sender/calling party, for: (i) providing all legally required disclosures (including that the communication is automated/AI-generated and is not professional advice); (ii) obtaining all consents required by law, including prior express consent under the Telephone Consumer Protection Act (TCPA) and any applicable two-party (all-party) call-recording consent; and (iii) the content and consequences of every such communication. The Company is a software provider and is not the calling party, sender, or content originator for purposes of your communications with third parties.

4. NO PROFESSIONAL RELATIONSHIP; THE SERVICES ARE SOFTWARE, NOT A LICENSED PROFESSIONAL

(a) The Services are automated software tools that generate general informational content; they are not, and do not act as, a person. No use of the Services creates: (i) an attorney-client relationship; (ii) a public adjuster-client relationship or any relationship in which we adjust, present, negotiate, settle, or act on your behalf with respect to any insurance claim; (iii) an insurance producer/agent/broker relationship; (iv) an accountant, tax-preparer, or financial-advisor relationship; or (v) any fiduciary relationship.

(b) WE DO NOT ADJUST CLAIMS. The Company is not a licensed public adjuster, does not hold itself out as one, and does not act on behalf of any insured, claimant, or contractor in the investigation, negotiation, presentation, adjustment, or settlement of any insurance claim.

(c) WE DO NOT PRACTICE LAW. The Company is not a law firm, does not provide legal advice, does not draft legal documents for your specific matter, and does not advise on the application of law to your specific facts.

(d) To the extent we owe you any duty that applicable law prohibits us from disclaiming (for example, statutory data-security or consumer-protection duties), nothing in these Terms purports to waive that duty; your remedies for any such duty are limited as set forth in Sections 6 and 7. Except for any such non-waivable duty, we owe you no professional duty of care, no duty of loyalty, and no fiduciary duty arising from your use of the Services.

5. ASSUMPTION OF RISK

BY USING THE SERVICES, YOU EXPRESSLY ASSUME ALL RISKS ASSOCIATED WITH YOUR USE, INCLUDING BUT NOT LIMITED TO:

  • Risks associated with relying on AI-generated content;
  • Risks associated with insurance claim outcomes;
  • Risks associated with business decisions;
  • Risks associated with interactions with insurance companies, adjusters, or other parties;
  • Risks of financial loss, claim denial, or adverse legal consequences;
  • Risks inherent in transmitting and storing data over the internet, which you acknowledge no security system can render completely secure (subject to the Company's obligations under applicable data-protection law and the Privacy Policy).

You acknowledge that restoration contracting, insurance claims, and business operations involve inherent risks, and you voluntarily assume all such risks. NOTHING IN THIS SECTION REQUIRES YOU TO ASSUME, OR RELIEVES THE COMPANY OF, ANY LIABILITY ARISING FROM THE COMPANY'S GROSS NEGLIGENCE, WILLFUL MISCONDUCT, FRAUD, OR VIOLATION OF APPLICABLE DATA-PROTECTION LAW. YOUR ASSUMPTION OF RISK IS LIMITED TO RISKS NOT CAUSED BY SUCH CONDUCT.

6. DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS." WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:

  • WARRANTIES OF MERCHANTABILITY;
  • WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE;
  • WARRANTIES OF NON-INFRINGEMENT;
  • WARRANTIES OF TITLE;
  • WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE;
  • WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE;
  • WARRANTIES THAT DEFECTS WILL BE CORRECTED;
  • WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. Some jurisdictions do not allow the exclusion of certain warranties; to that extent, the above exclusions may not apply to you.

6A. SERVICE AVAILABILITY; NO SLA

We do not guarantee any minimum level of availability, uptime, or response time, and unless you have signed a separate written service-level agreement, no service-level commitment or service credit applies. The Services may be unavailable or degraded due to scheduled maintenance, emergency maintenance, updates, third-party provider outages (including hosting, payment, telephony, and AI providers), or factors beyond our reasonable control. We will use commercially reasonable efforts to provide reasonable advance notice of planned maintenance when practicable. We are not liable for unavailability, interruption, latency, or loss of data resulting from any of the foregoing, except to the extent a non-waivable law provides otherwise.

7. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

(A) EXCLUSION OF INDIRECT DAMAGES. IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, ASSIGNS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO: loss of profits, revenue, or business opportunities; loss of data or data-breach damages; loss of goodwill or reputation; cost of procurement of substitute services; insurance claim denials or underpayments; legal fees, fines, or penalties; or any other losses or damages whatsoever, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS CONSEQUENTIAL-DAMAGES WAIVER IS MUTUAL AND APPLIES EQUALLY TO BOTH PARTIES, EXCEPT THAT IT DOES NOT LIMIT EITHER PARTY'S INDEMNIFICATION OBLIGATIONS OR YOUR PAYMENT OBLIGATIONS.

(B) THE COMPANY'S AGGREGATE LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF THE COMPANY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, ASSIGNS, LICENSORS, AND SERVICE PROVIDERS, FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, REGARDLESS OF THE NUMBER OR NATURE OF CLAIMS, SHALL NOT EXCEED THE TOTAL AMOUNTS ACTUALLY PAID BY YOU TO THE COMPANY FOR THE SERVICES DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE EARLIEST SUCH CLAIM. IF NO AMOUNTS WERE PAID DURING THAT PERIOD, THE COMPANY'S AGGREGATE LIABILITY SHALL NOT EXCEED FIFTY U.S. DOLLARS ($50.00). THE EXISTENCE OF MULTIPLE CLAIMS SHALL NOT EXPAND THIS LIMIT. THIS LIMIT IS A SINGLE, COMBINED CAP, NOT A PER-CLAIM CAP.

(C) APPLICATION. THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND SHALL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

(D) EXCEPTIONS. NOTHING IN THESE TERMS LIMITS OR EXCLUDES LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR (i) A PARTY'S GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUD; (ii) DEATH OR PERSONAL INJURY CAUSED BY A PARTY'S NEGLIGENCE; OR (iii) ANY OTHER LIABILITY THAT APPLICABLE LAW PROHIBITS LIMITING. THE PARTIES INTEND THAT THE LIMITATIONS IN THIS SECTION BE ENFORCED TO THE MAXIMUM EXTENT PERMITTED, AND IF ANY LIMITATION IS HELD UNENFORCEABLE AS TO A PARTICULAR CLAIM OR THEORY, IT SHALL REMAIN IN FULL FORCE AND EFFECT AS TO ALL OTHER CLAIMS AND THEORIES.

(E) EXCLUSIONS FROM THE CAP (SUPER-CAP). THE LIMITATIONS IN SUBSECTIONS (A) AND (B) DO NOT APPLY TO, AND SHALL NOT LIMIT: (i) YOUR OBLIGATION TO PAY FEES AND OTHER AMOUNTS DUE UNDER THESE TERMS; (ii) YOUR INDEMNIFICATION OBLIGATIONS UNDER SECTION 8; (iii) YOUR BREACH OF SECTION 12 (PROHIBITED USES), SECTION 14 (INTELLECTUAL PROPERTY), OR YOUR CONFIDENTIALITY OBLIGATIONS; OR (iv) YOUR INFRINGEMENT OR MISAPPROPRIATION OF THE COMPANY'S INTELLECTUAL PROPERTY RIGHTS.

(F) BASIS OF THE BARGAIN. YOU ACKNOWLEDGE THAT THE DISCLAIMERS, LIMITATIONS OF LIABILITY, AND ALLOCATIONS OF RISK IN THESE TERMS REFLECT A REASONABLE AND NEGOTIATED ALLOCATION OF RISK BETWEEN THE PARTIES, THAT THE FEES CHARGED FOR THE SERVICES ARE SET IN RELIANCE ON THESE LIMITATIONS, AND THAT THE COMPANY WOULD NOT PROVIDE THE SERVICES AT THE STATED FEES WITHOUT THEM. THESE LIMITATIONS FORM AN ESSENTIAL BASIS OF THE BARGAIN AND APPLY EVEN IF ANY REMEDY STATED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

8. INDEMNIFICATION

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE COMPANY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, ASSIGNS, LICENSORS, AND SERVICE PROVIDERS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES AND COSTS) (each, a "Claim") ARISING OUT OF OR RELATED TO:

  • Your use or misuse of the Services;
  • Your violation of these Terms;
  • Your violation of any applicable law or regulation (including insurance, licensing, consumer-protection, telemarketing, call-recording, and data-protection laws);
  • Your violation of any third-party rights;
  • Any content or data you submit through the Services, including any personal information or insurance-claim data you were not authorized to provide;
  • Any communication you make to, or action you take with respect to, any third party (including any informed by Content);
  • Any actions you take based on Content provided through the Services;
  • Any claims brought against us by third parties (including your customers, property owners, insureds, claimants, insurers, or adjusters) related to your use of the Services.

The foregoing indemnification does not apply to the extent a Claim arises from the Company's own gross negligence, willful misconduct, or fraud.

Indemnification Procedure. The Company will (a) promptly notify you in writing of any Claim for which it seeks indemnification (provided that failure to give prompt notice relieves you of your obligations only to the extent you are materially prejudiced); (b) give you sole control of the defense and settlement of the Claim, except that you may not settle any Claim in a manner that imposes any non-monetary obligation, admission of liability, or unindemnified payment on the Company without the Company's prior written consent (not to be unreasonably withheld); and (c) provide reasonable cooperation at your expense. The Company may participate in the defense with counsel of its own choosing at its own expense. This indemnification obligation survives termination of these Terms.

9. BINDING ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

(a) Binding Arbitration. Except for the matters carved out below, any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or the relationship between you and the Company (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether arising before, during, or after termination) shall be resolved by final and binding arbitration administered by JAMS under the JAMS Streamlined Arbitration Rules and Procedures for disputes in which the amount in controversy is $250,000 or less, and under the JAMS Comprehensive Arbitration Rules and Procedures for all other disputes, as those rules are in effect at the time the arbitration is commenced. The arbitration shall be conducted before a single arbitrator. The seat and legal place of arbitration shall be Detroit, Michigan, and any in-person hearing shall take place in the federal judicial district that includes the county of your principal place of business or residence, unless you and the Company agree otherwise; for disputes of $25,000 or less, the arbitration shall be conducted by telephone, videoconference, or on documents only unless the arbitrator finds an in-person hearing necessary. Judgment on the award may be entered in any court of competent jurisdiction. The arbitrator's authority is limited to the parties to this agreement, and the arbitrator may award only the individual relief required to resolve the claimant's individual claim.

(b) Delegation; Who Decides Arbitrability. This agreement to arbitrate is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of it is void or voidable. This delegation provision is severable from the remainder of this Section 9: if a court determines that this specific delegation provision is unenforceable, the remaining provisions of this Section 9 shall be interpreted and enforced by the court, but the question of arbitrability of any individual claim shall otherwise be for the arbitrator. The arbitrator may not decide the validity or enforceability of the Class, Collective, and Representative Action Waiver below, which is reserved exclusively for a court of competent jurisdiction.

(c) Class, Collective, and Representative Action Waiver. YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, CLAIMANT, OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE-ATTORNEY-GENERAL, OR OTHER REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate or join the claims of more than one person, may not otherwise preside over any form of consolidated, representative, or class proceeding, and may award relief only in favor of the individual party seeking relief and only to the extent necessary to resolve that party's individual claims.

(d) Non-Severability (Blow-Up Provision). This Class, Collective, and Representative Action Waiver is a material and non-severable part of the agreement to arbitrate. If a court of competent jurisdiction finds this waiver unenforceable or invalid as to any claim or any request for particular relief, then the agreement to arbitrate (this Section 9) shall be null and void as to that claim or request for relief only, and that claim or request shall be severed from arbitration and proceed exclusively in court under the forum-selection and jury-waiver provisions of Section 15; all other claims shall remain in arbitration. In no event shall any claim be arbitrated on a class, collective, consolidated, or representative basis, and the arbitrator shall have no authority to do so.

(e) Mass/Coordinated Filings (Batch Arbitration). If 25 or more similar arbitration demands are submitted against the Company by or with the assistance or coordination of the same or coordinated counsel, the parties agree these demands shall be administered in batches of no more than 50 demands per batch (or as administered under the JAMS mass-arbitration or similar procedures then in effect). The Company and claimants shall each select an equal number of bellwether cases per batch (up to 10 total), which shall be arbitrated first; the parties shall then engage in a single global mediation before any additional batches proceed, and the applicable statutes of limitations for the non-bellwether demands shall be tolled during this process. Filing and administrative fees for non-bellwether demands shall not become due until that demand is actually assigned to an active batch. Any disagreement about the application of this batching provision shall be resolved by a single process arbitrator appointed by JAMS, not by the courts.

(f) Small-Claims Carve-Out. Notwithstanding the agreement to arbitrate, either party may bring an individual claim in a small-claims court of competent jurisdiction (for the claimant, in the county of the claimant's residence or principal place of business; for the Company, in Wayne County, Michigan) if the claim qualifies and remains in that court and is brought solely on an individual, non-class, non-representative basis. If a small-claims claim is transferred, removed, or appealed to a court of general jurisdiction, it shall be subject to the agreement to arbitrate and the waivers in this Section.

(g) 30-Day Opt-Out. You may opt out of this Section 9 (Binding Arbitration) by delivering written notice to legal@restoratorpro.com (or to Restorator Pro LLC, Legal Department, [MAILING ADDRESS — INSERT]) within 30 days after you first accept these Terms. To be effective, the notice must include your full name, the email address and account associated with your use of the Services, the name of the entity on whose behalf you are opting out (if any), and a clear statement that you wish to opt out of arbitration; the notice must be individually signed by you and may not be submitted by an agent or attorney on behalf of multiple users on a coordinated basis. If you opt out, neither you nor the Company will be required to arbitrate, but the Class, Collective, and Representative Action Waiver and the standalone Jury Waiver and Court Forum provisions of these Terms will continue to apply to any dispute, and all other provisions of these Terms remain in effect. Opting out has no effect on any prior or other agreement to arbitrate you may have with the Company.

(h) Arbitration Fees. Payment of filing, administrative, and arbitrator fees shall be governed by the applicable JAMS rules and the JAMS Consumer Arbitration Minimum Standards to the extent they apply; for any claim subject to those minimum standards, the Company will pay any portion of such fees that exceeds the amount you would have paid to file the same claim in the state court where you reside. Each party shall otherwise bear its own attorneys' fees and costs, except that the arbitrator may award fees, costs, and expenses to the prevailing party to the extent authorized by applicable law or these Terms, and the arbitrator may require the party that brought a claim or asserted a defense that the arbitrator determines to be frivolous or brought for an improper purpose (as measured by Federal Rule of Civil Procedure 11(b) standards) to reimburse the other party's reasonable fees and costs.

10. RELEASE OF CLAIMS

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE AND DISCHARGE THE COMPANY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, AND ASSIGNS FROM ANY CLAIMS, DEMANDS, DAMAGES, AND LOSSES ARISING OUT OF (i) DISPUTES BETWEEN YOU AND ANY OTHER USER, CUSTOMER, OR THIRD PARTY, OR (ii) THE ACTS OR OMISSIONS OF ANY THIRD PARTY, IN EACH CASE IN CONNECTION WITH YOUR USE OF THE SERVICES.

THIS RELEASE DOES NOT APPLY TO, AND YOU DO NOT RELEASE, ANY CLAIM ARISING FROM THE COMPANY'S OWN GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUD, OR ANY LIABILITY THAT APPLICABLE LAW PROHIBITS RELEASING. THE COMPANY'S LIABILITY FOR ALL OTHER CLAIMS IS GOVERNED BY SECTION 7 (LIMITATION OF LIABILITY). THE INCLUSION OF THIS CARVE-OUT SHALL NOT BE CONSTRUED TO IMPLY THE EXISTENCE OF ANY EXCLUDED LIABILITY.

IF YOU ARE A CALIFORNIA RESIDENT, THEN AS TO THE CLAIMS RELEASED ABOVE YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY." This Section 1542 waiver is expressly limited to the narrowed release set forth above.

11. SUBSCRIPTIONS, AUTOMATIC RENEWAL, BILLING, AND CANCELLATION

(a) Plans and Pricing. The Services are offered on recurring subscription plans ranging from $29 to $199 per month (or the then-current price displayed at checkout). The plan name, the recurring charge amount, the billing interval (monthly or annual), and the renewal terms are disclosed clearly and conspicuously at the point of purchase, immediately adjacent to the mechanism by which you authorize the charge.

(b) Affirmative Consent to Recurring Charges. By providing a payment method and clicking the order button at checkout, YOU EXPRESSLY AUTHORIZE the Company (through its payment processor) to charge your payment method on a recurring basis for the subscription you select, at the disclosed price and interval, until you cancel.

(c) Automatic Renewal. UNLESS YOU CANCEL BEFORE THE END OF THE THEN-CURRENT BILLING PERIOD, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW for a successive period of the same length, and your payment method will be charged the then-current renewal price. For annual subscriptions, we will send a renewal reminder by email between fifteen (15) and forty-five (45) days before the renewal date stating the renewal date, the renewal amount, and how to cancel.

(d) How to Cancel (Simple Cancellation). You may cancel at any time, by the same medium you used to subscribe, through "Settings > Billing > Cancel Subscription" in your account, or by emailing billing@restoratorpro.com. Cancellation through your dashboard takes effect at the end of the current billing period; we do not require you to call, chat with a representative, or take any step beyond the cancellation control to stop renewal. You retain access through the end of the period already paid for.

(e) Price Changes. We may change subscription pricing prospectively. We will provide at least thirty (30) days' advance notice of any price increase by email and/or in-product notice. A price increase takes effect on your next renewal after the notice period; if you do not agree you may cancel before it takes effect, and continued use after the effective date constitutes acceptance of the new price.

(f) Refunds. Except where a non-waivable refund, cancellation, or cooling-off right is required by applicable law (in which case that right controls), subscription fees are charged in advance and are non-refundable, and we do not provide refunds or credits for partial billing periods, except that we will refund the most recent monthly charge if you cancel within seven (7) days of that charge. Nothing in this Section limits or waives any statutory refund, cancellation, automatic-renewal, or chargeback right you may have under applicable consumer-protection law.

(g) Taxes. Stated prices exclude applicable sales, use, or similar taxes, which you are responsible for and which we may collect and remit.

(h) Failed Payments / Past-Due Accounts. If a charge is declined or your account becomes past due, we may retry the charge, suspend access, and/or terminate the subscription after notice as described in Section 13.

12. ACCEPTABLE USE AND PROHIBITED CONDUCT

You agree not to, and not to permit any user under your account to:

  • Use the Services for any unlawful purpose or in violation of any applicable law, including insurance, licensing, consumer-protection, or data-protection laws;
  • Use the Services to commit or facilitate fraud, insurance fraud, or any illegal activity;
  • Upload, input, or transmit any personal information, customer data, or insurance-claim data unless you have all rights, lawful bases, and consents necessary to provide that data to us and to have it processed as described in our Privacy Policy and Data Processing Addendum;
  • Submit data you are not authorized to disclose, including data subject to a confidentiality obligation, protected health information, or payment-card data outside our intended payment flow;
  • Rely on or hold out any AI-generated output as legal, insurance, public-adjusting, financial, tax, or other professional advice, or use the Services to provide such advice to third parties without holding the required license;
  • Scrape, crawl, or use automated means to access the Services without authorization, or exceed reasonable rate or volume limits;
  • Reverse engineer, decompile, disassemble, or attempt to derive source code, models, weights, or prompts from the Services;
  • Use the Services, or any benchmarking or output thereof, to build or train a competing product or model;
  • Resell, sublicense, time-share, or commercially exploit the Services or Content without authorization;
  • Share account credentials, or circumvent any security measure, access restriction, or usage limit;
  • Upload malicious code, viruses, or harmful content, or interfere with the integrity or performance of the Services;
  • Harass, abuse, or harm other users or Company personnel, or misrepresent your identity or affiliation.

We may investigate suspected violations and may suspend or terminate access under Section 13, and may remove or disable content that violates this Section or applicable law.

13. SUSPENSION AND TERMINATION

(a) Termination by You. You may terminate by cancelling your subscription under Section 11 at any time.

(b) Suspension for Non-Payment. If your account is past due, we may suspend access after email notice and a cure period of ten (10) days. We will restore access promptly upon receipt of the outstanding amount.

(c) Termination by Us. We may suspend or terminate your access (i) immediately, on notice, if you materially breach these Terms (including Section 12), violate applicable law, or create a security, legal, or operational risk to the Services or other customers; (ii) for non-payment not cured under subsection (b); or (iii) for convenience on thirty (30) days' notice (refunding any prepaid, unused fees for periods after the effective date).

(d) Data After Termination. For thirty (30) days after termination or expiration, you may export your account data through the Services or by written request to support@restoratorpro.com. After that period, we may delete or de-identify your data, except where retention is required by law or for the limited purposes described in our Privacy Policy. You are responsible for exporting any data you wish to keep.

(e) Effect of Termination. Upon termination your right to use the Services ceases; you remain liable for all charges incurred before termination; and all provisions that by their nature should survive termination shall survive, including ownership, confidentiality, warranty disclaimers, limitation of liability, indemnification, the arbitration agreement, the class/collective/representative waiver, the jury waiver, and the governing-law and forum-selection provisions (Sections 9 and 15).

14. INTELLECTUAL PROPERTY; CUSTOMER DATA; FEEDBACK

(a) Our IP. The Services, including all software, content, features, functionality, and models, are owned by the Company or its licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws. We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your internal business purposes during your subscription, subject to these Terms.

(b) Your Customer Data. As between you and us, you own and retain all right, title, and interest in the data, documents, images, files, and other content you or your end-customers submit ("Customer Data"). You grant us a worldwide, non-exclusive, royalty-free license to host, copy, process, transmit, display, and use Customer Data solely (i) to provide, secure, maintain, and support the Services for you, (ii) to prevent or address fraud, abuse, or security issues, and (iii) as required by law. We handle Customer Data, including end-customer personal information and insurance-claim data, in accordance with our Privacy Policy and Data Processing Addendum. Any use of Customer Data to train or improve AI models is governed by, and limited as set out in, the Privacy Policy / DPA, and we will not use identifiable Customer Data to train models for the benefit of other customers except in aggregated or de-identified form as permitted by that policy.

(c) Feedback. If you provide suggestions or feedback ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free, sublicensable license to use and incorporate it without obligation or attribution. You represent that your Feedback does not include any third party's confidential information.

14A. COPYRIGHT / DMCA NOTICE-AND-TAKEDOWN

We respond to notices of alleged copyright infringement under the Digital Millennium Copyright Act, 17 U.S.C. § 512 [VERIFY]. If you believe content on the Services infringes your copyright, send a written notice to our Designated Agent that includes: (i) your physical or electronic signature; (ii) identification of the copyrighted work; (iii) identification of the allegedly infringing material and information sufficient to locate it; (iv) your contact information; (v) a statement of good-faith belief that the use is not authorized; and (vi) a statement, under penalty of perjury, that the information is accurate and you are authorized to act for the rights holder. We may remove or disable the material, terminate repeat infringers in appropriate circumstances, and forward notices to the affected user, who may submit a counter-notice as permitted by the DMCA.

Designated Copyright Agent: Restorator Pro LLC, Attn: DMCA Agent, [MAILING ADDRESS — INSERT], copyright@restoratorpro.com.

15. GOVERNING LAW AND JURISDICTION

These Terms, and any dispute, claim, or controversy arising out of or relating to these Terms or the Services (whether sounding in contract, tort, statute, or otherwise), are governed by and construed in accordance with the laws of the State of Michigan, without regard to its conflict-of-law rules, except that the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq., governs the interpretation and enforcement of Section 9 (Binding Arbitration and Class Action Waiver), and to the extent the FAA does not apply, the Michigan Uniform Arbitration Act, MCL 691.1681 et seq. [VERIFY], governs. The United Nations Convention on Contracts for the International Sale of Goods and any version of the Uniform Computer Information Transactions Act do not apply.

Standalone Jury Waiver and Court Forum (Applies If Arbitration Does Not). TO THE FULLEST EXTENT PERMITTED BY LAW, AND REGARDLESS OF WHETHER THE ARBITRATION PROVISIONS OF SECTION 9 APPLY, YOU AND THE COMPANY EACH KNOWINGLY, VOLUNTARILY, AND IRREVOCABLY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES. This jury waiver is independent of and survives any determination that the agreement to arbitrate is unenforceable. If, for any reason, a claim proceeds in court rather than in arbitration (including any claim severed under the Blow-Up Provision in Section 9 or any claim within the small-claims carve-out that is appealed or removed to a court of general jurisdiction), then such claim shall be brought exclusively in the state courts located in Wayne County, Michigan, or in the United States District Court for the Eastern District of Michigan, and you and the Company irrevocably consent to the personal jurisdiction of, and venue in, those courts and waive any objection based on inconvenient forum.

16. FORCE MAJEURE

We shall not be liable for any failure or delay in performing our obligations under these Terms due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, pandemics, government actions, labor disputes, internet or telecommunications failures, third-party service-provider failures, cyberattacks, denial-of-service attacks, failures or outages of cloud hosting, AI model providers, or telecommunications carriers, and shortages of materials or personnel. The Company's affected obligations will be suspended for the duration of the event, and the time for performance extended accordingly. A force majeure event does NOT excuse, suspend, or reduce your obligation to pay any fees or amounts that have accrued or become due. If a force majeure event continues for more than thirty (30) consecutive days, the Company may suspend or terminate the affected Services without liability. The Company will use commercially reasonable efforts to resume performance.

17. TIME LIMITATION ON CLAIMS

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES MUST BE COMMENCED (BY FILING AN ARBITRATION DEMAND OR, WHERE PERMITTED, A COURT ACTION) WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ACCRUED. ANY CLAIM NOT BROUGHT WITHIN THAT PERIOD IS PERMANENTLY BARRED. THIS SECTION DOES NOT APPLY WHERE THE APPLICABLE LIMITATIONS PERIOD CANNOT BE CONTRACTUALLY SHORTENED, IN WHICH CASE THE SHORTEST PERIOD PERMITTED BY LAW APPLIES. [VERIFY]

18. SEVERABILITY; ENFORCEMENT OF LIMITATIONS

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect, and the invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.

Enforcement of Limitations. THE PARTIES INTEND THAT THE WARRANTY DISCLAIMERS, ASSUMPTION OF RISK, LIMITATIONS OF LIABILITY, RELEASES, AND INDEMNITIES IN THESE TERMS BE ENFORCED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IF A COURT OR ARBITRATOR OF COMPETENT JURISDICTION DETERMINES THAT ANY SUCH PROVISION, OR ANY PORTION OR APPLICATION OF IT, IS UNENFORCEABLE, THE PROVISION SHALL BE REFORMED AND ENFORCED TO THE GREATEST EXTENT PERMITTED BY LAW, AND ITS UNENFORCEABILITY AS TO ONE CLAIM, THEORY, OR PARTY SHALL NOT AFFECT ITS ENFORCEABILITY AS TO ANY OTHER CLAIM, THEORY, OR PARTY. THE ALLOCATION OF RISK IN THESE TERMS IS AN ESSENTIAL BASIS OF THE BARGAIN, AND THE FEES REFLECT THIS ALLOCATION.

Arbitration Carve-Out. Notwithstanding the foregoing, the Class, Collective, and Representative Action Waiver in Section 9 is non-severable as set forth in that Section; if that waiver is held unenforceable as to any claim or relief, the consequence shall be governed exclusively by the Blow-Up Provision in Section 9 and not by this Section 18.

19. ENTIRE AGREEMENT

These Terms, together with our Privacy Policy, our Data Processing Addendum, and any order form or other agreement expressly incorporated by reference, constitute the entire agreement between you and the Company regarding the Services and supersede all prior or contemporaneous understandings, agreements, representations, and warranties. In the event of a conflict between these Terms and a signed Order Form or Master Subscription Agreement, the latter controls to the extent of the conflict.

20. WAIVER

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

21. MODIFICATIONS TO TERMS

We reserve the right to modify these Terms at our discretion. We will provide notice of material changes by posting the updated Terms on our website and updating the "Last updated" date, and, where required, by email or in-product notice. Your continued use of the Services after such modifications constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, you must stop using the Services.

22. NO THIRD-PARTY BENEFICIARIES; NO DUTY TO YOUR CUSTOMERS

(a) These Terms are solely for the benefit of you and the Company and our respective successors and permitted assigns. Nothing in these Terms, the Services, or any Content confers any right, remedy, benefit, or cause of action upon any third party, including your employees, clients, customers, property owners, insureds, claimants, insurers, or adjusters (each, a "Third Party").

(b) The Company provides software to you, the contracting business, only. The Company owes no duty of any kind to any Third Party, has no relationship with any Third Party, and is not responsible for any communication you make to, or action you take with respect to, any Third Party, including any informed by Content.

(c) You are solely responsible for your dealings with your customers and for any insurance claim, estimate, invoice, or representation you present to or on behalf of any Third Party, and you will not represent that the Company is acting on a Third Party's behalf, adjusting their claim, providing them professional advice, or standing behind any outcome.

(d) If any Third Party asserts a claim against the Company arising out of or relating to your use of the Services or any Content, your indemnification obligations under Section 8 apply in full.

23. CONTACT INFORMATION

For questions about these Terms of Service, please contact us at:

Email: legal@restoratorpro.com

Mailing Address: Restorator Pro LLC, Legal Department, [MAILING ADDRESS — INSERT]

BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE IN THEIR ENTIRETY.

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