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Mitigation Audit LLC Terms of Service

1. Acceptance of Terms

By accessing or using MitigationAudit.com or the associated services (collectively, the "Service"), provided by Mitigation Audit LLC ("we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not use the Service. The Service is strictly for insurance carriers, independent adjusters, and third-party administrators (TPAs). You represent and warrant that you are an authorized representative of such an entity and are not located in a country subject to comprehensive U.S. sanctions or on any U.S. government denied-party list.

2. Service Description & Scope

The Service provides an automated, logic-based pre-review filter for mitigation invoices (water, fire, mold, asbestos, etc.). Users upload invoices and supporting materials to receive "Red Flag Reports" containing color-coded recommendations and citations based on industry standards (e.g., IICRC S500/S520/S700).

Non-Binding Nature. Reports are non-binding recommendations generated by an AI/logic engine for internal desk-adjuster use only. They are not formal expert witness reports, independent appraisals, legal opinions, coverage determinations, or professional adjusting services.

Carrier Use Only. Reports are provided solely as internal negotiation tools. You agree not to present them as "Independent Expert Reviews" or in any manner implying formal expert authority in court, arbitration, or disputes.

Final Authority. All payment, coverage, and denial decisions remain 100% with you. We assume no responsibility for claim outcomes, underpayments, overpayments, or denials based on the Service.

Your Use of the Privacy Policy. Your use of the Service is also governed by our Privacy Policy, available at https://mitigationaudit.com/privacy-policy, which is incorporated herein by reference.

3. User Eligibility, Obligations & Data Security

You must be an authorized carrier, independent adjuster, or TPA representative to use the Service. You agree to:

  • Redact or anonymize Personally Identifiable Information (PII) of policyholders before uploading, in compliance with your internal policies and applicable law.
  • Use the Service only for internal business purposes.
  • Not share reports with policyholders, contractors, vendors, or third parties without our prior written consent.

We automatically purge uploaded documents from our servers after 30 days (or sooner upon request). We may suspend or terminate your access at any time for violation of these Terms, suspected fraud, abuse, or to protect the Service or other users.

You agree to indemnify, defend, and hold us harmless from any claims, losses, damages, costs, or expenses (including reasonable attorneys' fees) arising from your upload of non-redacted PII, non-compliant data, or misuse of the Service.

4. Pricing, Payment, and Refunds

Pricing options are as follows (all prices in USD). Pricing may vary by plan type and is subject to change with notice:

Current Plans (as displayed on the site):

  • Bundle Pack — $375 (pre-paid) for 5 file reviews ($75/file effective). Expires in 3 months.
  • Casual Small Monthly — $700 per month for up to 10 files per month ($70/file effective when fully used).
  • Medium Monthly (Bridge to Enterprise) — $1,800 per month for up to 30 files per month ($60/file effective when fully used).

Alternative / Enterprise Options (available upon request or for high-volume users):

  • Per-File — $79 per invoice review, charged immediately upon processing.
  • Monthly Subscriptions — $8,000 (up to 120 files), $12,500 (up to 250 files), $15,000 (unlimited, subject to Fair Use Policy below).

All payments are processed via Stripe. Billing is monthly for subscription plans (cancel anytime). All sales are final. No refunds or credits are provided for completed reviews or partial months, regardless of outcome or usage.

5. Fair Use Policy

All plans, including unlimited tiers, are subject to reasonable commercial use. If monthly volume materially exceeds typical usage patterns for the selected plan or impacts system performance for other users, we may (in our sole discretion) throttle processing speeds, require negotiation of a custom enterprise agreement, or suspend service until resolved.

6. AI & OCR Disclaimer

The Service uses Optical Character Recognition (OCR) and automated logic engines (including third-party AI models) to process uploaded files. While we strive for high accuracy, errors may occur due to poor-quality scans, handwriting, formatting variations, or limitations of OCR/AI technology. You are solely responsible for verifying all extracted data (e.g., square footage, equipment counts, drying days) against original documents before relying on any report. We disclaim all liability for inaccuracies or reliance on output.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MITIGATION AUDIT LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITY, GOODWILL, OR USE, ARISING OUT OF OR RELATED TO THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM SHALL NOT EXCEED THE AMOUNT YOU PAID US FOR THE SPECIFIC REVIEW GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

8. Indemnification

You agree to indemnify, defend, and hold harmless Mitigation Audit LLC, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or relating to (a) your violation of these Terms, (b) your upload or use of inaccurate, unlawful, or non-redacted data, or (c) your use of the Service in violation of applicable law or third-party rights.

9. Dispute Resolution

Any dispute arising from or relating to these Terms or the Service shall be resolved exclusively by binding arbitration in Hartford County, Connecticut, under the rules of the American Arbitration Association. Judgment on the award may be entered in any court of competent jurisdiction. You agree that any dispute must be brought in your individual capacity only, and not as a plaintiff or class member in any purported class or representative proceeding. This clause survives termination.

10. Governing Law

These Terms are governed by the laws of the State of Connecticut, without regard to conflict of law principles. Subject to the arbitration clause above, exclusive jurisdiction lies in the state and federal courts located in Hartford County, Connecticut.

11. Changes to Terms

We may modify these Terms at any time. We will post revised Terms on the Site and update the "Last Updated" date. Continued use after posting constitutes acceptance. If changes are material, we will provide notice (e.g., email or site banner) where practicable.

12. Miscellaneous

Severability. If any provision is held invalid, the remainder remains in full force.

Entire Agreement. These Terms constitute the entire agreement and supersede all prior understandings.

Contact. For inquiries: info@mitigationaudit.com