Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and Claimory LLC, a California limited liability company ("Claimory," "we," "our," or "us"), with its principal place of business in Los Angeles County, California, United States. These Terms govern your access to and use of the Claimory platform, including the website located at claimory.io, our web application, mobile applications (iOS and Android), application programming interfaces (APIs), and all related services, features, content, and functionality (collectively, the "Service").

BY CREATING AN ACCOUNT, CLICKING "I AGREE," ACCESSING, OR USING THE SERVICE IN ANY MANNER, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS, OUR PRIVACY POLICY, AND ANY ADDITIONAL POLICIES OR GUIDELINES REFERENCED HEREIN, ALL OF WHICH ARE INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY, YOU MUST NOT ACCESS OR USE THE SERVICE.

If you are entering into these Terms on behalf of a company, corporation, limited liability company, partnership, or other legal entity, you represent and warrant that you have the legal authority to bind that entity to these Terms. In such case, "you" and "your" shall refer to that entity. If you do not have such authority, or if you do not agree with these Terms, you must not accept these Terms and may not use the Service.

2. Eligibility

The Service is intended for use by businesses, specifically collision repair shops, auto body shops, and related automotive repair businesses operating lawfully in their respective jurisdictions. By accessing or using the Service, you represent and warrant that:

• You are at least eighteen (18) years of age, or the age of legal majority in your jurisdiction, whichever is greater
• You have the full legal capacity and authority to enter into a binding contract and to bind any entity on whose behalf you are acting
• You are not a person barred from receiving the Service under the laws of the United States or any other applicable jurisdiction
• Your use of the Service will not violate any applicable local, state, provincial, national, or international law, regulation, or ordinance
• You are not located in, nor are you a resident of, any country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a "terrorist-supporting" country
• You are not listed on any U.S. government list of prohibited or restricted parties, including the Specially Designated Nationals and Blocked Persons List maintained by the Office of Foreign Assets Control (OFAC)

3. Description of Service

3.1 What Claimory Is

Claimory provides a cloud-based software-as-a-service (SaaS) platform designed for collision repair shops to manage insurance claims, cash jobs, customer communications, estimates, supplements, team operations, financial tracking, and shop workflow. The Service includes, but is not limited to:

• Insurance claim lifecycle tracking and management
• Estimate and supplement management and coordination
• Cash job tracking, invoicing, and payment status management
• Customer portal for claim status visibility and communications
• Team task assignment, scheduling, and collaboration tools
• AI-powered features including email drafting, claim summarization, next-step recommendations, and Claim Audit insights
• SMS and email communication tools for customer and carrier correspondence
• Reporting, analytics, and financial tracking
• Insurance carrier and adjuster contact management and coordination
• Parts ordering and inventory management
• Document, photo, and file storage and management
• Mobile application access via iOS and Android
• Vehicle and customer information management
• Loaner vehicle and rental agreement tracking
• Automation rules and workflow management

3.2 What Claimory Is NOT

CLAIMORY IS A MANAGEMENT AND ORGANIZATIONAL SOFTWARE TOOL. CLAIMORY IS NOT, AND SHALL NOT BE CONSTRUED AS, ANY OF THE FOLLOWING:

• An insurance company, broker, or agent. Claimory does not underwrite, issue, adjust, or manage insurance policies.
• A claims adjusting or appraisal service. Claimory does not provide insurance estimates, appraisals, damage assessments, or adjusting services.
• A legal, financial, accounting, or tax advisory service. Nothing provided through the Service constitutes legal, financial, accounting, or tax advice. You should consult qualified professionals for such matters.
• A replacement for estimating systems. Claimory is designed to work alongside third-party estimating platforms such as CCC ONE and Mitchell. It does not replace them and does not generate repair estimates.
• A medical or health information service. Claimory does not store, process, or manage protected health information (PHI) as defined under HIPAA and is not intended for use in any healthcare context.

3.3 Service Modifications

Claimory reserves the right, at its sole discretion, to modify, update, suspend, or discontinue any part or all of the Service at any time, with or without notice. We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuation of the Service. We will make commercially reasonable efforts to provide advance notice of material changes that may significantly affect your use of the Service.

4. Account Registration and Security

4.1 Account Creation

To access the Service, you must register for an account and provide accurate, current, and complete information during the registration process. Account access may be subject to a manual review and approval process. Claimory reserves the right, in its sole discretion, to accept or reject any account application, delay or revoke access, and to require additional verification or documentation.

4.2 Your Responsibilities

You agree to:

• Provide truthful, accurate, and complete registration and profile information
• Promptly update your account information to keep it accurate, current, and complete at all times
• Maintain the strict confidentiality and security of your login credentials, including your password, and not disclose them to any third party
• Accept full responsibility for all activities, actions, and transactions that occur under your account, whether or not authorized by you
• Immediately notify Claimory at info@claimory.io upon becoming aware of any unauthorized access, use, or suspected security breach involving your account
• Ensure that all individuals you invite to your workspace or grant access to your account comply with these Terms in their entirety
• Implement reasonable security measures within your organization to prevent unauthorized access to the Service

4.3 Multi-User Workspaces

The Service allows you to create workspaces and invite team members with varying permission levels. As the workspace owner or administrator, you are responsible for managing user access, setting appropriate permissions, and ensuring that all workspace members comply with these Terms. You acknowledge that actions taken by workspace members under your account may be attributed to you and your organization.

4.4 Account Suspension

Claimory reserves the right to suspend or terminate any account that contains inaccurate or fraudulent information, that violates these Terms, or that Claimory determines, in its sole discretion, poses a risk to the security, integrity, or availability of the Service or other users.

5. Subscription, Billing, and Payments

5.1 Subscription Plans and Pricing

Access to the Service requires a paid subscription. Current subscription plans and pricing are published on our Pricing page. Claimory reserves the right to modify its pricing, plans, and features at any time. We will provide existing subscribers with at least thirty (30) days' prior written notice before any price increase takes effect. Price changes will apply at the start of your next billing cycle following such notice period.

5.2 Free Trial

Claimory may, at its sole discretion, offer a free trial period to new users. The duration, features, and availability of free trials are determined by Claimory and may vary. Unless you subscribe to a paid plan before the trial period expires, your access to the Service will be suspended or limited at the conclusion of the trial. Claimory reserves the right to modify, limit, or discontinue free trial offers at any time without prior notice. Free trial access does not create any entitlement to continued access, specific features, or any particular pricing.

5.3 Payment Processing

All payments are processed through our third-party payment processor, Stripe, Inc. ("Stripe"). By subscribing to the Service, you agree to:

• Provide accurate, current, and complete billing and payment information to Stripe
• Authorize Claimory and Stripe to charge your designated payment method for all applicable subscription fees, taxes, and charges
• Pay all fees denominated in United States Dollars (USD) unless otherwise expressly agreed in writing
• Be solely responsible for all applicable taxes, duties, levies, and government-imposed charges associated with your subscription, excluding taxes based on Claimory's net income
• Comply with Stripe's terms of service and acceptable use policies

Claimory does not store your full credit card numbers, debit card numbers, or bank account details on its servers. All payment credential data is handled directly by Stripe in accordance with the Payment Card Industry Data Security Standard (PCI DSS).

5.4 Automatic Renewal

YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF EACH BILLING CYCLE (MONTHLY OR ANNUAL, AS SELECTED BY YOU) AT THE THEN-CURRENT RATE, UNLESS YOU CANCEL YOUR SUBSCRIPTION BEFORE THE RENEWAL DATE. YOU AUTHORIZE CLAIMORY AND ITS PAYMENT PROCESSOR TO CHARGE YOUR PAYMENT METHOD ON FILE FOR EACH RENEWAL PERIOD. YOU MAY CANCEL AT ANY TIME BEFORE THE RENEWAL DATE THROUGH YOUR IN-APP BILLING SETTINGS OR BY CONTACTING SUPPORT. IF YOU DO NOT WISH TO BE CHARGED FOR THE SUBSEQUENT PERIOD, YOU MUST CANCEL BEFORE THE RENEWAL DATE.

5.5 Cancellation

You may cancel your subscription at any time through your account settings within the Service or by contacting us at info@claimory.io. Upon cancellation:

• Your subscription will remain active, and you will retain access to the Service, until the end of your current paid billing period
• No prorated refunds will be issued for any unused portion of a billing period, except where required by applicable law
• Automatic renewal will be disabled, and no further charges will be applied to your payment method
• You will have the opportunity to export Your Data for a limited period following the end of your subscription (see Section 16)

5.6 Refund Policy and 30-Day Money-Back Guarantee

We stand behind Claimory with a 30-day money-back guarantee on your first paid charge. If Claimory is not the right fit, you may request a full refund of your first paid subscription charge by emailing info@claimory.io within thirty (30) days of that charge, and we will refund it. The guarantee applies to your first paid billing period only; renewal charges and subsequent billing periods are non-refundable except where expressly required by applicable law. After the 30-day window you may cancel at any time to stop future charges, but fees already paid are non-refundable. If you believe a charge was made in error, contact us at the same address within thirty (30) days of the disputed charge and we will review your request in good faith.

5.7 Failed Payments and Delinquency

In the event a payment fails, we may attempt to process the charge again and will notify you by email. If payment remains unsuccessful after commercially reasonable retry attempts, we reserve the right to suspend, downgrade, or restrict your access to the Service until all outstanding amounts are resolved. You remain liable for all unpaid fees. Claimory shall not be liable for any disruption, data inaccessibility, or loss of functionality resulting from your failure to maintain a valid payment method or to resolve delinquent payments.

6. Your Data and Data Ownership

6.1 Ownership

You retain all right, title, and interest - including all intellectual property rights - in and to the data, content, and information that you or your authorized users enter, upload, transmit, or store through the Service ("Your Data"). Your Data includes, without limitation, claim records, customer information, estimates, supplements, photographs, documents, notes, financial records, invoices, communications, and any other content you provide.

6.2 License Grant to Claimory

By using the Service, you grant Claimory a limited, non-exclusive, worldwide, royalty-free, sublicensable (solely to our service providers as necessary to operate the Service) license to access, use, process, copy, store, transmit, display, and analyze Your Data solely for the following purposes:

• Providing, operating, and delivering the Service to you
• Maintaining, supporting, and improving the Service
• Providing customer and technical support
• Complying with applicable legal obligations
• Generating aggregated, anonymized, and de-identified statistical data and analytics that do not identify you, your business, or your customers

6.3 No Sale of Data

CLAIMORY WILL NEVER SELL, RENT, LEASE, OR OTHERWISE PROVIDE YOUR DATA TO THIRD PARTIES FOR THEIR OWN COMMERCIAL OR MARKETING PURPOSES. The license granted above terminates with respect to specific data when you delete that data from the Service or terminate your account, subject to our backup retention and legal compliance obligations. Claimory may retain and use aggregated, anonymized, and de-identified data that does not identify you, your business, or your customers, even after termination.

6.4 Your Representations Regarding Your Data

You represent, warrant, and covenant that:

• You own or have all necessary rights, licenses, consents, and authorizations to provide Your Data to Claimory and to grant the license described in Section 6.2
• Your Data, and our use of it as contemplated by these Terms, does not and will not infringe, misappropriate, or violate any third party's intellectual property rights, privacy rights, publicity rights, or other legal rights
• You have obtained all legally required consents from your customers, employees, and any other third parties whose personal information you collect, store, or process through the Service
• Your Data complies with all applicable laws and regulations, including but not limited to data protection, privacy, consumer protection, and industry-specific regulations
• You are solely responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of all Your Data

6.5 Data Backup

While Claimory implements commercially reasonable measures to maintain the integrity and availability of Your Data, including standard backup procedures, you are solely responsible for maintaining your own independent backups of Your Data. Claimory shall not be liable for any loss, corruption, or destruction of Your Data, except to the extent it is caused by Claimory's gross negligence or willful misconduct.

7. Acceptable Use Policy

You agree to use the Service only for lawful purposes and in strict accordance with these Terms. You shall not, and shall not permit any third party to:

• Use the Service for any unlawful, fraudulent, deceptive, or malicious purpose
• Violate any applicable local, state, provincial, national, or international law, regulation, ordinance, or court order
• Infringe upon, misappropriate, or violate the intellectual property, privacy, publicity, or other proprietary rights of any person or entity
• Upload, transmit, distribute, or store any virus, worm, Trojan horse, ransomware, spyware, adware, or other malicious or harmful code or technology
• Attempt to gain unauthorized access to any portion of the Service, any other user accounts, computer systems, networks, or any servers or databases connected to the Service
• Interfere with, disrupt, degrade, or attempt to compromise the integrity, performance, security, or availability of the Service or its underlying infrastructure, including through denial-of-service attacks
• Use the Service to send unsolicited commercial communications, spam, phishing messages, or any form of deceptive or fraudulent communications
• Collect, harvest, scrape, crawl, or mine data, content, or user information from the Service through automated means or otherwise without express written authorization
• Use the Service to store, transmit, or distribute content that is defamatory, libelous, obscene, pornographic, harassing, threatening, abusive, hateful, or discriminatory
• Reverse engineer, decompile, disassemble, decrypt, or otherwise attempt to derive the source code, algorithms, data structures, or underlying ideas of any portion of the Service
• Sublicense, resell, rent, lease, lend, time-share, or otherwise transfer or make available access to the Service to any third party without Claimory's prior written consent
• Use the Service to create, submit, process, or facilitate the creation of any false, misleading, fraudulent, or fabricated insurance claims, estimates, supplements, or related documentation
• Use automated tools, scripts, bots, crawlers, or other automated means to access, interact with, or extract data from the Service except as expressly authorized in writing by Claimory
• Circumvent, disable, bypass, or interfere with any security, authentication, authorization, or access control features of the Service
• Use the Service in any manner that could damage, disable, overburden, impair, or interfere with any Claimory server, network, or system
• Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity
• Remove, alter, obscure, or deface any proprietary notices, labels, marks, or branding on or within the Service
• Use the Service to engage in competitive analysis, benchmarking, or to build a competitive product or service

Violation of this Acceptable Use Policy may result in immediate suspension or termination of your account and access to the Service, without prior notice, without refund, and without limiting any other remedies available to Claimory at law or in equity.

8. AI-Powered Features

8.1 Description of AI Features

Claimory offers artificial intelligence-powered features, including but not limited to email and correspondence drafting, claim activity summarization, next-step recommendations, carrier communication assistance, and Claim Audit insights (collectively, "AI Features"). AI Features are powered by third-party artificial intelligence service providers, primarily Anthropic, PBC (the Claude model family), with Google LLC (Google AI Studio / Gemini API) used in limited secondary cases.

8.2 Disclaimers and Limitations

YOU ACKNOWLEDGE AND AGREE THAT:

• AI-generated content, suggestions, and recommendations are provided for informational and productivity assistance purposes only and do not constitute professional, legal, medical, financial, insurance, tax, or any other form of expert advice
• AI outputs may contain inaccuracies, errors, omissions, hallucinations, or incomplete information. You are solely and exclusively responsible for reviewing, verifying, editing, and approving all AI-generated content before any use, transmission, or reliance thereon
• AI recommendations regarding claims, supplements, carrier interactions, or any other matter are not guarantees, predictions, or assurances of any outcome whatsoever, including but not limited to claim approvals, supplement payments, carrier decisions, or litigation outcomes
• You shall not rely solely on AI-generated content for any business, legal, financial, insurance, or operational decision
• Portions of Your Data may be transmitted to and processed by third-party AI service providers solely to deliver AI Features. By using AI Features, you expressly consent to such processing. Please review our Privacy Policy for additional details
• Claimory does not guarantee the continuous availability, accuracy, or quality of AI Features, which may be subject to the limitations and terms of third-party AI service providers

8.3 Limitation of Liability for AI

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CLAIMORY SHALL NOT BE LIABLE FOR ANY DAMAGES, LOSSES, CLAIMS, COSTS, OR CONSEQUENCES OF ANY KIND - WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE - ARISING FROM OR RELATED TO YOUR USE OF OR RELIANCE ON AI-GENERATED CONTENT, RECOMMENDATIONS, SUGGESTIONS, OR ANY OTHER OUTPUT OF THE AI FEATURES, INCLUDING ANY DRAFT OR MESSAGE PREPARED OR SENT BY CLAIMORY AI ON YOUR BEHALF.

9. Third-Party Services and Integrations

9.1 Third-Party Service Providers

The Service relies upon and integrates with various third-party services and platforms to deliver functionality. These include, but are not limited to:

• Supabase, Inc. - Database hosting, user authentication, file storage, real-time data, and backend infrastructure
• Stripe, Inc. - Payment processing, subscription billing, and financial transaction management
• Vercel, Inc. - Frontend application hosting, deployment, and content delivery network (CDN)
• Telnyx LLC - SMS messaging and telecommunications services
• Twilio Inc. - Alternative SMS messaging and telecommunications provider used on certain message paths
• Anthropic, PBC - Primary artificial intelligence provider (Claude model family) for AI Features
• Google LLC - Secondary AI provider (Google AI Studio / Gemini API) and analytics services

9.2 Third-Party Terms

Each third-party service is governed by its own terms of service, privacy policies, and acceptable use policies, which are independent of and outside the control of Claimory. Your use of the Service may require your acceptance of or compliance with the terms and policies of these third-party providers. Claimory is not a party to any agreement between you and any third-party service provider.

9.3 No Liability for Third Parties

Claimory is not responsible or liable for the availability, accuracy, reliability, security, or functionality of any third-party service. Claimory shall not be liable for any loss, damage, cost, or liability arising from or related to any outage, data loss, data breach, service disruption, performance degradation, or failure caused by any third-party service provider, including but not limited to those listed above. Any claim related to a third-party service should be directed to the applicable third-party provider.

10. Intellectual Property

10.1 Claimory's Intellectual Property

The Service and all of its original content, features, functionality, design, graphics, user interface, visual design, software, source code, object code, algorithms, data structures, trade names, trademarks, service marks, logos, and domain names (collectively, "Claimory IP") are and shall remain the exclusive property of Claimory and its licensors. Claimory IP is protected by copyright, trademark, patent, trade secret, and other intellectual property and proprietary rights laws of the United States and international jurisdictions.

10.2 Limited License

Subject to your compliance with these Terms, Claimory grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service solely for your internal business operations during the term of your subscription. This license does not include the right to:

• Copy, reproduce, modify, adapt, translate, or create derivative works based on the Service or any Claimory IP
• Distribute, publicly display, publicly perform, broadcast, or transmit any part of the Service
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying technology of the Service
• Remove, alter, obscure, or deface any proprietary notices, labels, or markings
• Use Claimory's name, trademarks, logos, or branding for any purpose without prior written consent
• Frame, mirror, or create a link to any portion of the Service without prior written consent

10.3 Feedback

If you provide Claimory with any suggestions, ideas, feedback, enhancement requests, recommendations, or other input regarding the Service ("Feedback"), you hereby assign to Claimory all right, title, and interest in and to such Feedback. Claimory shall be free to use, disclose, reproduce, license, distribute, and otherwise exploit such Feedback without restriction, obligation, attribution, or compensation to you.

10.4 Trademark Notice

"Claimory," the Claimory logo, and related names, marks, and slogans are unregistered trademarks of Claimory. All rights in and to such marks are reserved. Use of any Claimory mark requires Claimory's prior written consent and must comply with our then-current Trademark Usage Guidelines.

10.5 AI Training Restriction

You may not use the Service, any portion of the Service, or any output of the Service (including AI-generated content, reports, or screenshots) to train, fine-tune, evaluate, benchmark, or otherwise improve any third-party artificial intelligence, machine learning, or large language model, except for your internal review and editing of Your own data.

11. Confidentiality

"Confidential Information" means any information disclosed by one party ("Disclosing Party") to the other party ("Receiving Party") that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Confidential Information includes, without limitation, business plans, pricing, technical data, product roadmaps, customer data, financial information, and trade secrets.

The Receiving Party agrees to: (a) hold the Disclosing Party's Confidential Information in strict confidence; (b) use the Confidential Information solely for the purposes of exercising rights and fulfilling obligations under these Terms; (c) not disclose the Confidential Information to any third party except to its employees, contractors, and agents who have a legitimate need to know and are bound by confidentiality obligations at least as restrictive as those contained herein; and (d) protect the Confidential Information using at least the same degree of care it uses to protect its own confidential information, but in no event less than reasonable care.

Confidential Information does not include information that: (i) is or becomes publicly available through no fault of the Receiving Party; (ii) was known to the Receiving Party prior to disclosure without restriction; (iii) is independently developed by the Receiving Party without use of or reference to the Confidential Information; or (iv) is rightfully obtained from a third party without restriction. The Receiving Party may disclose Confidential Information to the extent required by law, regulation, or court order, provided it gives the Disclosing Party reasonable prior notice and cooperates with the Disclosing Party's efforts to obtain protective treatment.

12. SMS and Communication Services

12.1 Communication Features

The Service includes SMS messaging and email communication features that enable you to send messages to your customers, team members, insurance carriers, and other contacts. These features are powered by third-party telecommunications and email service providers.

12.2 Your Obligations

By using the communication features, you represent, warrant, and agree that:

• You have obtained all legally required prior express consent from each recipient before sending any communication, as required by the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, the Controlling the Assault of Non-Solicited Pornography and Marketing Act, and all other applicable federal, state, and local laws and regulations
• You will comply with all applicable laws governing electronic communications, including providing clear and conspicuous opt-out and unsubscribe mechanisms in all marketing communications
• For any marketing or commercial email you send through the Service, you will comply with the CAN-SPAM Act as the sender, including using accurate "From," "To," and routing information and a non-deceptive subject line, identifying the message as an advertisement where required, including your valid physical postal address, honoring opt-out requests promptly (within the period required by law), and not sending further commercial email to an address after it has opted out
• You will not use these features to send spam, unsolicited commercial messages, phishing messages, or harassing, threatening, or abusive communications
• You are solely and exclusively responsible for the content, legality, accuracy, and appropriateness of all messages you send through the Service
• You will maintain records of consents obtained from recipients as required by applicable law
• You will honor all opt-out and unsubscribe requests promptly and in compliance with applicable law

12.3 Indemnification for Communications

Claimory is not liable for any claims, damages, fines, penalties, or legal actions arising from your failure to comply with applicable communication laws. You agree to indemnify, defend, and hold Claimory harmless from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the communication features, including any alleged violation of the TCPA, CAN-SPAM Act, or any other applicable law.

13. Customer Portal

The Service includes a customer-facing portal that allows your customers to view claim status updates, communicate with your shop, and access related information. You acknowledge and agree that:

• You are responsible for the accuracy and appropriateness of all information made available to your customers through the customer portal
• You are responsible for obtaining any required consents from your customers before granting them access to the portal or sharing their information through it
• You are responsible for your own compliance with all applicable consumer protection, privacy, and data protection laws in connection with your use of the customer portal
• Claimory is not a party to the relationship between you and your customers and assumes no liability for disputes between you and your customers

14. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CLAIMORY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUBSIDIARIES, LICENSORS, AND SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:

• THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT
• ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF VIRUSES, MALWARE, OR OTHER HARMFUL COMPONENTS
• ANY WARRANTY REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT, DATA, INFORMATION, OR AI-GENERATED OUTPUT PROVIDED THROUGH THE SERVICE
• ANY WARRANTY THAT THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, EXPECTATIONS, OR BUSINESS NEEDS
• ANY WARRANTY THAT DEFECTS, BUGS, OR ERRORS IN THE SERVICE WILL BE CORRECTED
• ANY WARRANTY REGARDING THE RESULTS, OUTCOMES, OR BENEFITS THAT MAY BE OBTAINED FROM USE OF THE SERVICE
• ANY WARRANTY REGARDING THE COMPATIBILITY OR INTEROPERABILITY OF THE SERVICE WITH ANY THIRD-PARTY SOFTWARE, HARDWARE, OR SERVICES

No oral or written information or advice given by Claimory or obtained through the Service shall create any warranty not expressly stated in these Terms. You acknowledge that your use of the Service is at your sole risk and discretion. Some jurisdictions do not permit the exclusion or limitation of certain warranties. To the extent such exclusions are prohibited, the above disclaimers may not apply to you, and our warranties shall be limited to the minimum extent required by applicable law.

15. Limitation of Liability

15.1 Exclusion of Certain Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CLAIMORY, NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUBSIDIARIES, LICENSORS, OR SERVICE PROVIDERS (COLLECTIVELY, THE "CLAIMORY PARTIES"), BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY OF THE FOLLOWING, WHETHER ARISING UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL OR EQUITABLE THEORY:

• ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES
• LOSS OF PROFITS, REVENUE, INCOME, BUSINESS, OR ANTICIPATED SAVINGS
• LOSS OF DATA, GOODWILL, OR REPUTATION
• COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES, OR TECHNOLOGY
• DAMAGES ARISING FROM INTERRUPTION OF BUSINESS, LOSS OF USE, OR LOSS OF DATA
• DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT, OR DESTRUCTION OF YOUR DATA OR TRANSMISSIONS
• DAMAGES ARISING FROM YOUR USE OF OR RELIANCE ON AI-GENERATED CONTENT OR FEATURES
• DAMAGES ARISING FROM THE ACTS, OMISSIONS, OR FAILURES OF THIRD-PARTY SERVICE PROVIDERS
• DAMAGES ARISING FROM YOUR FAILURE TO MAINTAIN THE SECURITY OF YOUR ACCOUNT

THE FOREGOING LIMITATIONS APPLY EVEN IF CLAIMORY HAS BEEN INFORMED OF, ADVISED OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

15.2 Aggregate Liability Cap

IN NO EVENT SHALL THE CLAIMORY PARTIES' TOTAL CUMULATIVE AND AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS, THE PRIVACY POLICY, OR YOUR USE OF THE SERVICE EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY YOU TO CLAIMORY DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT FIRST GIVING RISE TO THE APPLICABLE CLAIM; OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00 USD).

15.3 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, the liability of the Claimory Parties shall be limited to the fullest extent permitted by the applicable law of that jurisdiction.

15.4 Basis of the Bargain

You acknowledge and agree that the limitations of liability and disclaimers set forth in these Terms are essential elements of the bargain between you and Claimory, without which Claimory would not provide the Service at the prices charged. These limitations shall apply regardless of whether the remedies provided herein fail of their essential purpose.

15.5 Exceptions to These Limitations

Nothing in these Terms excludes or limits either party's liability for fraud or fraudulent misrepresentation, gross negligence, willful misconduct, death or personal injury caused by its negligence, or any other liability that cannot be excluded or limited under applicable law. The exclusions and the aggregate liability cap in this Section 15, and the data- loss disclaimer in Section 6.5, do not apply to the extent a loss results from Claimory's gross negligence or willful misconduct.

16. Termination

16.1 Termination by You

You may terminate your account and these Terms at any time by canceling your subscription through your account settings or by contacting info@claimory.io.

16.2 Termination by Claimory

Claimory may suspend or terminate your access to the Service and these Terms immediately, without prior notice or liability, for any reason whatsoever, including but not limited to:

• Breach or violation of these Terms or any referenced policy
• Non-payment or delinquency of subscription fees
• Fraudulent, abusive, illegal, or harmful activity or conduct
• At Claimory's sole and absolute discretion, for any or no reason

16.3 Effect of Termination

Upon termination of your account, whether by you or by Claimory:

• Your right to access and use the Service ceases immediately
• All licenses granted to you under these Terms terminate immediately
• You shall have thirty (30) calendar days following the effective date of termination to request an export of Your Data by contacting info@claimory.io. Data export will be provided in a commonly used, machine-readable format
• After the thirty (30) day data export period, Claimory may, but is not obligated to, delete all Your Data from its systems and has no further obligation to maintain or provide access to Your Data, except as required by applicable law
• You remain liable for all fees, charges, and obligations incurred prior to termination
• If Claimory terminates your account without cause (that is, not for your breach, non-payment, or the conduct described in Section 16.2), Claimory will refund the pro-rata portion of any prepaid subscription fees that cover the period after the effective date of termination
• All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to Sections 6 (Data Ownership), 7 (Acceptable Use), 10 (Intellectual Property), 11 (Confidentiality), 14 (Disclaimer of Warranties), 15 (Limitation of Liability), 17 (Indemnification), 18 (Dispute Resolution and Arbitration), 19 (Governing Law), and 23 (General Provisions)

17. Indemnification

You agree to indemnify, defend, and hold harmless Claimory and its officers, directors, employees, agents, affiliates, subsidiaries, licensors, and service providers (collectively, the "Indemnified Parties") from and against any and all claims, actions, suits, proceedings, disputes, demands, damages, obligations, losses, liabilities, costs, and expenses (including, without limitation, reasonable attorneys' fees, expert witness fees, and court costs) arising out of or in any way connected with:

• Your access to, use of, or inability to use the Service
• Your breach or alleged breach of any provision of these Terms
• Your violation or alleged violation of any applicable law, regulation, or third-party right, including intellectual property, privacy, publicity, or other proprietary rights
• Your Data, including any allegation that Your Data infringes, misappropriates, or violates the rights of any third party or caused harm to any third party
• Your use of the SMS, email, or other communication features of the Service, including any alleged violation of the TCPA, CAN-SPAM Act, or any other applicable law
• Any representations, warranties, claims, or promises you make to your customers, employees, contractors, or any third party regarding the Service
• Any unauthorized access to or use of your account, except to the extent the unauthorized access resulted from Claimory's own gross negligence or willful misconduct
• Disputes between you and any of your customers, employees, or business partners

You have no obligation to indemnify the Indemnified Parties to the extent a claim arises from Claimory's own gross negligence, willful misconduct, fraud, or breach of these Terms.

Claimory reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate fully with our defense of such claims. You agree not to settle any such claim without Claimory's prior written consent.

18. Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT CONTAINS A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS. BY ACCEPTING THESE TERMS, YOU AGREE TO RESOLVE DISPUTES WITH CLAIMORY THROUGH BINDING INDIVIDUAL ARBITRATION AND WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE PROCEEDINGS.

18.1 Informal Dispute Resolution

Before initiating any formal dispute resolution proceeding, you agree to first attempt to resolve the dispute informally by sending a detailed written description of the dispute to info@claimory.io. Both parties agree to negotiate in good faith for a minimum period of sixty (60) days from the date of the written notice. If the dispute is not resolved through informal negotiation within this period, either party may proceed to binding arbitration as set forth below.

18.2 Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms, the Privacy Policy, or the Service, including the determination of the scope, applicability, enforceability, or validity of this agreement to arbitrate, shall be determined exclusively by final and binding arbitration administered by JAMS under its Comprehensive Arbitration Rules and Procedures then in effect, except as modified herein. The arbitration shall be conducted by a single neutral arbitrator selected in accordance with the JAMS rules. The seat of the arbitration shall be Los Angeles County, California, United States. The language of the arbitration shall be English. The arbitration may be conducted in person, by telephone, via videoconference, or based on written submissions, as determined by the arbitrator.

The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of these Terms, including whether a claim is subject to arbitration. The arbitrator's award shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

The arbitrator shall have the authority to award any and all remedies and relief that would be available to the parties on an individual claim in a court of law or equity, including compensatory, statutory, and (where permitted by applicable law) punitive damages, injunctive and declaratory relief, and an award of attorneys' fees and costs where authorized by statute or contract. The arbitrator shall apply the substantive law of the State of California and shall issue a reasoned written award.

To keep arbitration affordable and accessible, where you are an individual or a small business, Claimory will pay the arbitration filing, administrative, and arbitrator fees to the extent they exceed the cost of filing the same claim in a court of competent jurisdiction. Nothing in this Section limits or waives any non-waivable statutory right or remedy. If any provision of this Section is found unenforceable under applicable law, it shall be severed and the remainder shall remain in full force and effect.

18.3 Class Action and Jury Trial Waiver

YOU AND CLAIMORY EACH AGREE THAT DISPUTES SHALL BE RESOLVED SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, MULTI-PARTY, OR REPRESENTATIVE ACTION OR PROCEEDING. THE ARBITRATOR SHALL NOT CONSOLIDATE THE CLAIMS OF MORE THAN ONE PERSON OR PARTY AND SHALL NOT PRESIDE OVER ANY FORM OF CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. YOU EXPRESSLY WAIVE ANY RIGHT TO A TRIAL BY JURY AND ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

18.4 Exceptions to Arbitration

Notwithstanding the foregoing:

• Either party may bring an individual action in small claims court for disputes and claims within the jurisdictional limits of that court
• Either party may seek temporary or preliminary injunctive relief, or other equitable relief, in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights, confidentiality obligations, or data security
• This arbitration agreement does not preclude either party from seeking emergency or provisional measures from any court of competent jurisdiction

18.5 Arbitration Opt-Out

You have the right to opt out of the binding arbitration and class action waiver provisions of this Section 18 by sending a written opt-out notice to info@claimory.io within thirty (30) calendar days of the date you first accept these Terms. Your opt-out notice must include: (a) your full legal name; (b) the email address associated with your Claimory account; (c) your mailing address; and (d) a clear, unambiguous written statement that you wish to opt out of the arbitration provision. If you validly opt out, all disputes will be resolved exclusively in the state or federal courts located in Los Angeles County, California.

18.6 Statute of Limitations

To the extent permitted by applicable law, any claim or cause of action arising out of or relating to these Terms or the Service must be filed within one (1) year after the claim or cause of action arose; otherwise, such claim or cause of action shall be permanently barred.

19. Governing Law and Jurisdiction

These Terms, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation, shall be governed by and construed in accordance with the laws of the State of California, United States of America, without giving effect to any choice or conflict of law provisions or rules. To the extent that a lawsuit or court proceeding is permitted under these Terms (including under the exceptions to arbitration in Section 18.4), you and Claimory irrevocably consent to the exclusive personal jurisdiction and venue of the state and federal courts located in Los Angeles County, California, and you waive any objection to jurisdiction, venue, or inconvenient forum.

20. Copyright Infringement (DMCA Policy)

Claimory respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998 ("DMCA"), Claimory will respond to proper notices of alleged copyright infringement that comply with the DMCA.

If you believe that content available on or through the Service infringes your copyright, please submit a written DMCA notification to our designated copyright agent at info@claimory.io containing all of the following:

• A physical or electronic signature of the copyright owner or a person authorized to act on behalf of the copyright owner
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and that is to be removed or access to which is to be disabled, with information reasonably sufficient to permit Claimory to locate the material
• Information reasonably sufficient to permit Claimory to contact you, including your name, address, telephone number, and email address
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law
• A statement, made under penalty of perjury, that the information in the notification is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner

21. Force Majeure

Claimory shall not be liable or responsible for any failure or delay in the performance of any obligation under these Terms to the extent such failure or delay is caused by or results from circumstances beyond Claimory's reasonable control, including but not limited to: acts of God; natural disasters (earthquakes, floods, hurricanes, tornadoes, wildfires); pandemics, epidemics, or public health emergencies; war, armed conflict, terrorism, or threats thereof; riots, civil unrest, insurrection, or revolution; government actions, orders, embargoes, sanctions, or restrictions; labor disputes, strikes, slowdowns, or lockouts; fire or explosion; power outages; telecommunications or internet failures; failures of third-party hosting, cloud, database, or infrastructure providers; cyberattacks, distributed denial-of-service attacks, or other malicious cyber events; shortage of adequate power or materials; or any other cause beyond Claimory's reasonable control. In the event of a force majeure event, Claimory's obligations under these Terms shall be suspended for the duration of such event, and Claimory will make commercially reasonable efforts to resume performance as soon as practicable.

22. Modifications to Terms

Claimory may modify, amend, or update these Terms. For changes that materially and adversely affect your rights, we will provide advance notice by email to the address associated with your account at least thirty (30) days before the changes take effect, and will also update the "Last updated" and "Effective date" above and display a notice within the Service. Non-material changes, such as clarifications or contact-detail updates, may be made by updating the dates above.

Your continued access to or use of the Service after the effective date of a change constitutes your acceptance of the modified Terms. If you do not agree to a material change, you may reject it by canceling your subscription before its effective date, and Claimory will refund the pro-rata portion of any prepaid fees that cover the period after you stop using the Service. It is your responsibility to keep your account email current and to review these Terms periodically.

23. General Provisions

23.1 Entire Agreement

These Terms, together with the Privacy Policy and any other policies, agreements, or guidelines expressly referenced herein, constitute the entire agreement between you and Claimory with respect to the Service and supersede all prior or contemporaneous proposals, agreements, representations, warranties, and understandings, whether oral or written.

23.2 Severability

If any provision of these Terms is held to be invalid, illegal, void, or unenforceable by a court or tribunal of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, or if modification is not possible, shall be severed from these Terms. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of the remaining provisions, which shall continue in full force and effect.

23.3 No Waiver

The failure or delay of Claimory to exercise or enforce any right, remedy, or provision of these Terms shall not operate as or constitute a waiver of such right, remedy, or provision. No single or partial exercise of any right or remedy shall preclude any further exercise thereof or the exercise of any other right or remedy. Any waiver of any provision of these Terms shall be effective only if made in writing and signed by an authorized representative of Claimory.

23.4 Assignment

You may not assign, transfer, delegate, or sublicense these Terms or any of your rights or obligations hereunder, in whole or in part, without the prior written consent of Claimory. Any attempted assignment without such consent shall be null and void. Claimory may freely assign or transfer these Terms, in whole or in part, without restriction and without your consent, including in connection with a merger, acquisition, corporate reorganization, sale of all or substantially all of its assets, or by operation of law.

23.5 Notices

Claimory may deliver notices to you via: (a) the email address associated with your account; (b) a posting within the Service; or (c) any other method reasonably calculated to provide actual notice. You are responsible for ensuring that the email address associated with your account is current and valid. Notices sent by email are deemed received on the date sent unless the sending party receives a delivery failure notification.

23.6 Relationship of the Parties

Nothing in these Terms shall be construed to create a partnership, joint venture, employer-employee relationship, franchise, principal-agent relationship, or any other form of joint enterprise between you and Claimory. Neither party has the authority to bind or obligate the other party.

23.7 Export Compliance

You shall comply with all applicable United States and international export control and trade sanctions laws and regulations in connection with your use of the Service, including the Export Administration Regulations (EAR) maintained by the U.S. Department of Commerce's Bureau of Industry and Security and the trade and economic sanctions programs maintained by the U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC).

23.8 U.S. Government End Users

The Service is "commercial computer software" and "commercial computer software documentation," respectively, as such terms are used in Federal Acquisition Regulation ("FAR") 12.212 and Defense Federal Acquisition Regulation Supplement ("DFARS") 227.7202. If an agency, department, or other entity of the United States Government accesses or uses the Service, such use is subject to these Terms, and the Government's rights are limited to those granted herein.

23.9 Headings and Interpretation

The section headings in these Terms are for convenience only and shall not affect the interpretation or construction of these Terms. The words "include," "includes," and "including" shall be deemed to be followed by the phrase "without limitation." The word "or" is not exclusive.

23.10 Electronic Signatures and Records

You acknowledge and agree that by clicking "I agree," creating an account, or using the Service, you are entering into these Terms electronically, and that your electronic acceptance constitutes your signature, acceptance, and agreement to be bound by these Terms. You further agree that electronic records of your acceptance and use shall be admissible in any legal proceeding.

24. Contact Information

If you have any questions, concerns, or complaints regarding these Terms or the Service, please contact us at: