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: The Service produces all reports, audit output, recommendations, color-coded flags, scores, or other documents (hereby referred to as Reports) all of which are solely advisory, informational, and not binding in any manner. Automated logic and artificial intelligence devices generate reports that are used solely to be desk-reviewed internally and the reports do not serve as expert evidence, expert witness services, independent adjusting services, appraisals, legal advice, engineering opinions, professional consulting, or any type of coverage determination.

No Reliance: You accept and understand that the Reports are not a replacement of independent human inspection, professional judgment, or formal expert inspection and you entirely bear the burden of ensuring all the information, inferences, and computations are checked before any business, legal, and insurance decision is made.

No Authority, and Representation: Mitigation Audit LLC is not registered or describing itself as an insurance adjuster, public adjuster, engineer, attorney, accountant, construction expert, or other licensed professional. The Service or any Report does not give rise to any fiduciary duty, agency or any other professional-client relationship.

Internal Use Only: Reports are provided solely as internal negotiation tools. You agree not to present them as "Independent Expert Reviews", "Certified Audits", "Authoritative Determinations" or in any manner implying formal expert authority in court, arbitration, or dispute resolution forum.

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.

3. Privacy & Data Protection

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. We adhere to the Connecticut laws of data privacy, such as the Connecticut Data Privacy Act (CTDPA), and provide reasonable administrative, technical, and physical protections to personal data processed using the Service. We will respect the rights to access, correct, delete and opt-out of data that may be offered to consumers according to the Connecticut privacy laws and any other law under applicability.

4. User Eligibility, Obligations & Data Security

You agree to:

• Authorized User: Be an authorized carrier, independent adjuster, or TPA representative to use the service
• Redact or anonymize Personally Identifiable Information (PII) (e.g., policyholder names, addresses, Social Security numbers) before uploading, in compliance with your internal policies and applicable law.
• Use the Service only for internal business purposes.
• No Unauthorized Sharing: 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.

5. Business Continuity, backups, and Data Retention Safeguards

We maintain commercially reasonable business continuity and disaster recovery policies that are aimed at ensuring the service availability and ensure that the consumer data is not lost, corrupted or accessed by unauthorized personnel. The customer information is encrypted during transmission and rest and automated daily backup is conducted and stored in other secure data centers.

Although uploaded documents are removed from active processing servers within thirty (30) days, encrypted backup copies can be stored up to no more than ninety (90) days to, solely, be restored to a system, provide security, deter fraud, or required by applicable law, court order, or regulatory requirement, and although such a backup can be permanently and automatically deleted or irreversibly anonymised, it can remain accessible to the extent that the specific policy or backup requirement dictates.

Backup data cannot be used by non-technical staff or used to support ordinary business operations, reporting, analytics, or be reviewed by customers and it is stored with stringent access control to only authorized technical staff.

6. Subprocessors and Third-Party Services

To deliver and support the Service, we enlist the services of third-party service providers and subprocessors. These include:

• Amazon Web Services (AWS): Infrastructure and hosting.
• Stripe: Payments (all the payments are made through Stripe, Inc.).
• OpenAI: A neural network (e.g., GPT models) to generate reports.

Such providers are authorized to handle personal data only to provide the Service. We will insist on every provider to have proper security checks as well as a contractual agreement to guard your data. These third parties are however not under our privacy or security practices. Through the Service, you admit and agree to our use of these providers and their terms of use.

7. 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.

8. 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.

9. 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.

10. 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. Nothing in this section shall limit liability for willful misconduct, fraud, or obligations that cannot be limited under applicable law.

11. Data Protection and Security Liability Clarification

Despite the above constraints, nothing in this Agreement will be understood to restrict or eliminate liability to the degree that it is not permissible by law. With the possible exception of instances where the law prohibits the capping of liability, the total amount of aggregate liability of Mitigation Audit LLC as to any data breach shall be subject to the overall liability limit established above.

For clarity, Customer failure to redact, or anonymize sensitive information before uploading it will result in a data security event or breach that Mitigation Audit LLC will not be liable for: (a) Customer failure to redact or anonymize sensitive information before uploading it; (b) Customer misconfiguration, credential sharing, or failure to control internal security protocols; or (c) third-party systems, networks, or integrations that are outside the reasonable control of Mitigation Audit LLC.

No information in this section shall restrict the duty of Mitigation Audit LLC to adopt commercially reasonable administrative, technical, and physical security measures intended to ensure the protection of personal data according to the relevant data protection legislations.

12. 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.

13. Dispute Resolution

An Agreement to Arbitrate: Coming as it does unless expressly specified herein below, any controversy, claim, or dispute arising out of or based upon these Terms, the Service, and the relationship of the parties, shall be resolved fully and exclusively through binding arbitration, but not by court proceeding, unless specified herein above.

Rules of Arbitration and Seat: The seat shall be arbitrated by the American Arbitration Association (AAA) under its then current Commercial Arbitration Rules. The seat or place of arbitration will be Hartford County, Connecticut, unless the parties come to a mutual written agreement that the arbitration be conducted remotely or in some other place. The award of the arbitration may be judged in any competent court.

Individual Basis Only; Class Action Waiver: Each of the disputes will be resolved by arbitration on an individual sole basis without a class, collective, consolidated, or representative action. The arbitrator will not be in a position to consolidate or merge claims of various parties or conduct any type of a class or representative action.

Injunctive and Equitable Relief Carve-Out: Despite the above, either party may apply to a competent court to obtain temporary or permanent injunctive or equitable relief to enforce its intellectual property rights, confidential information or data security, without undergoing arbitration.

Waiver of Jury Trial: To the extent that it is legally available, both parties knowingly and voluntarily waive trial by jury to any dispute associated with or involving these Terms or the Service.

Severability and Survival: In case one or more parts of this arbitration provision are held to be unenforceable, all the other parts shall continue to be in full effect. This arbitration provision will not be terminated with these Terms or the Service.

14. 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.

15. 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.

16. 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