Terms of Service

1. ACCEPTANCE OF TERMS

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Restorator Pro LLC ("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.

If you do not agree to these Terms, you must immediately cease using the Services.

2. DESCRIPTION OF SERVICES

Restorator Pro provides AI-powered informational tools and content related to property restoration, insurance claims, business operations, and related topics. Our Services include, but are not limited to:

• AI chatbots and virtual assistants
• Educational content and playbooks
• Business management tools
• Analytics and reporting features

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

3. AI-GENERATED CONTENT DISCLAIMER

Our Services utilize artificial intelligence ("AI") technology to generate responses and content. 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 information.
• AI content is not professional advice. Nothing in our AI responses constitutes legal, insurance, financial, tax, medical, or any other professional advice.
• AI responses are general in nature. They do not account for your specific circumstances, jurisdiction, 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• AI responses may be outdated.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.

4. NO PROFESSIONAL RELATIONSHIP

Your use of the Services does not create any professional relationship between you and the Company, including but not limited to:

• No attorney-client relationship
• No public adjuster-client relationship
• No insurance professional-client relationship
• No financial advisor-client relationship
• No fiduciary relationship of any kind

We owe you no duty of care, no duty of loyalty, and no professional obligations whatsoever.

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 of data loss, security breaches, or unauthorized access

You acknowledge that restoration contracting, insurance claims, and business operations involve inherent risks, and you voluntarily assume all such risks.

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.

7. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

(A) 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
• 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.

(B) IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES EXCEED THE GREATER OF: (i) THE AMOUNTS YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (ii) ONE HUNDRED U.S. DOLLARS ($100.00).

(C) THE LIMITATIONS 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.

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) 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
• Your violation of any third-party rights
• Any content you submit through the Services
• Any actions you take based on Content provided through the Services
• Any claims brought against us by third parties related to your use of the Services

This indemnification obligation shall survive the termination of these Terms and your use of the Services.

9. BINDING ARBITRATION AND CLASS ACTION WAIVER

10. RELEASE OF CLAIMS

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY RELEASE, WAIVE, AND FOREVER DISCHARGE THE COMPANY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, AND ASSIGNS FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES, LOSSES, COSTS, AND EXPENSES OF EVERY KIND AND NATURE, WHETHER KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES.

IF YOU ARE A CALIFORNIA RESIDENT, 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."

11. PAYMENT TERMS AND SUBSCRIPTIONS

Pricing: Subscription plans are offered at the prices displayed at the time of purchase. We reserve the right to change pricing at any time.

Automatic Renewal: Subscriptions automatically renew at the end of each billing period unless cancelled before the renewal date.

Cancellation: You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of the current billing period.

Refunds: Refund requests may be submitted within 7 days of your initial charge. After 7 days, all payments are non-refundable. We reserve the right to deny refund requests at our sole discretion.

Payment Processing: Payments are processed by third-party payment processors. We are not responsible for any fees, errors, or issues arising from payment processing.

12. USER CONDUCT AND PROHIBITED USES

You agree not to:

• Use the Services for any unlawful purpose or in violation of any applicable laws
• Use the Services to commit or facilitate fraud, insurance fraud, or any illegal activity
• Scrape, crawl, or use automated means to access the Services without authorization
• Attempt to reverse engineer, decompile, or derive source code from the Services
• Resell, redistribute, or commercially exploit the Services or Content without authorization
• Share account credentials or allow unauthorized access to your account
• Circumvent any security measures or access restrictions
• Upload malicious code, viruses, or harmful content
• Harass, abuse, or harm other users or Company personnel
• Misrepresent your identity or affiliation

We reserve the right to terminate your access immediately for any violation of these prohibited uses.

13. TERMINATION

We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

Upon termination: (a) your right to use the Services will immediately cease; (b) we may delete your account and any associated data; (c) you remain liable for all charges incurred prior to termination; (d) all provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

14. INTELLECTUAL PROPERTY

The Services, including all content, features, and functionality, are owned by the Company or its licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal or internal business purposes only.

Any feedback, suggestions, or ideas you provide to us may be used by us without any obligation to compensate you.

15. GOVERNING LAW AND JURISDICTION

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

Subject to the arbitration provisions above, any legal action or proceeding arising under these Terms shall be brought exclusively in the federal or state courts located in Delaware, and you hereby consent to personal jurisdiction and venue therein.

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, or third-party service provider failures.

17. SEVERABILITY

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

18. ENTIRE AGREEMENT

These Terms, together with our Privacy Policy and any other agreements 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.

19. 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.

20. MODIFICATIONS TO TERMS

We reserve the right to modify these Terms at any time at our sole discretion. We will provide notice of material changes by posting the updated Terms on our website or by other means. 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.

21. CONTACT INFORMATION

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

Email: legal@restoratorpro.com

Mailing Address: Restorator Pro LLC, Legal Department, [Address]