Terms and Conditions

1. Acceptance of the Agreement

For purposes of this Agreement, "Account Setup" means Reclaimr's account creation and onboarding process - including the order flow, the presentation of pricing, and the required acknowledgement steps - through which Customer establishes access to the Services. Where this Agreement refers to acceptance, acknowledgement, authorization, or pricing occurring at Account Setup, it means the corresponding step in that process.

These Terms and Conditions (the "Agreement") govern Customer's access to and use of the Services. This Agreement is accepted only at the time Customer completes the Account Setup process for the Services and affirmatively agrees to this Agreement by selecting the applicable acceptance checkbox presented during Account Setup. Customer's acceptance is effective as of that time and binds the Customer entity identified during Account Setup.

As part of Account Setup, Customer must separately and affirmatively acknowledge: (a) this Agreement, (b) the Privacy Policy, and (c) the Data Processing Agreement. Each such acknowledgement must be made through a separate checkbox that is not pre-checked.

The individual completing Account Setup represents and warrants that such individual is either the owner of Customer or an authorized user acting through Customer's admin account, and in either case has full authority to bind Customer and, if applicable, all affiliated or related locations enrolled under the account.

Customer's acceptance binds both the business entity identified during Account Setup and the individual who completes Account Setup, each in their own capacity, and they are jointly and severally responsible for the obligations under this Agreement. If that individual does not in fact have authority to bind the business entity, the individual is personally bound by this Agreement. As used in this Agreement, "Customer" includes both that business entity and the accepting individual, except where a provision by its nature applies to only one of them.

Reclaimr may maintain records of Customer's acceptance, including the date and time of acceptance, the identity of the accepting user, the Customer entity, IP address, applicable Agreement version, and whether Hero Connect was installed or enabled in connection with the account.

Access to the Services is conditioned on completion of Reclaimr's required Account Setup workflow, including affirmative acceptance of this Agreement, separate acknowledgement of the Privacy Policy, separate acknowledgement of the Data Processing Agreement, and, where applicable, separate authorization of automated workflows and separate consent to Hero Connect. Reclaimr does not rely on passive browsewrap or implied consent. Acceptance of this Agreement and related authorizations must occur through affirmative action by Customer in the applicable workflow.

2. Parties; Affiliate Delivery Structure

The contracting party under this Agreement is Reclaimr LLC ("Reclaimr"). Reclaimr may provide, host, operate, support, or make available portions of the Services directly or through one or more Affiliates, including Hero Group LLC.

For purposes of this Agreement, "Affiliate" means any entity that directly or indirectly controls, is controlled by, or is under common control with a party. "Control" means direct or indirect ownership of more than fifty percent (50%) of the voting interests of an entity or the power to direct its management or policies.

References in this Agreement to the "Services" include any service components, software, features, functionality, infrastructure, support functions, and related tools provided by Reclaimr or any of its Affiliates. References to the "Reclaimr Parties" mean Reclaimr LLC, Hero Group LLC, their Affiliates, and each of their respective owners, members, managers, officers, directors, employees, contractors, agents, licensors, suppliers, subprocessors, and service providers.

Certain customer-facing components of the Services may be operated or branded as Repair Explainer by Hero Group LLC, an Affiliate of Reclaimr. Repair Explainer is an assumed name of Hero Group LLC and is not a separate legal entity or contracting party under this Agreement. Customer’s contractual relationship remains with Reclaimr LLC, and Hero Group LLC provides Repair Explainer as an Affiliate service provider.

3. Eligibility; Business Use Only; Authority

The Services are offered solely for business use. Each user must be at least eighteen (18) years old.

If Customer uses an admin account, the holder of that admin account is deemed authorized to act for Customer with respect to purchasing subscriptions, enabling features, adding or removing locations, managing credentials, enabling automation, and accepting updated terms, policies, or addenda.

If Customer operates multiple shop locations or affiliated operating entities, one authorized signer or admin may bind all such locations and affiliated operating sites included in the subscription.

4. Description of the Services

The Services are software products designed to support collision-repair and related workflows, including estimate review and scrubbing, rebuttal preparation, customer explainers, communications workflows, reporting, secure share links, and related business tools. Customer-facing functionality may include Repair Explainer plain-language repair explanations, delivery by email or SMS, repair timelines, repair-stage and milestone tracking, delay and appointment notices, approval communications, pickup updates, and related customer-facing workflows.

Hero Connect is an optional but recommended software component that may be installed on Customer devices to enable or enhance certain features. Customer may use the Reclaimr web application without Hero Connect, but some features, functionality, or workflow execution capabilities may be limited or unavailable.

The Services are provided as software only. Reclaimr does not provide managed repair services, legal advice, insurance adjusting services, claims representation, repair oversight, or human review on Customer's behalf. Repair Explainer and related features are informational and communications tools only and are not official repair records, repair-management services, certifications of completed work, or guarantees of repair timing or outcome.

5. Accounts, Admin Users, and Locations

Customer must provide accurate and complete registration, billing, contact, and account information and keep it current by updating the relevant section in app.reclaimr.ai. Customer is responsible for all activity occurring under its accounts, credentials, installations, and admin profiles.

Reclaimr offers two kinds of plan. A "Location-Based Plan" (such as Unlimited) is sold by location. A "Usage-Based Plan" (such as Starter) is sold per Customer account, not per location: one subscription covers all of Customer's Locations on the account, and they share the plan's included Short Pays (see Section 7). A "Location" means a separate physical operating site with a separate address. On a Location-Based Plan, if Customer adds a location mid-cycle, Reclaimr may prorate charges through the next billing date. If Customer removes, pauses, or closes a location mid-cycle, no proration or refund will be provided, and access for that location may continue only through the end of the then-current paid billing period.

Customer is responsible for designating and managing its own authorized users and for promptly disabling access for users who should no longer have access. Customer is responsible for any misuse caused by compromised credentials or unauthorized internal use unless caused directly by Reclaimr's breach of this Agreement.

6. Free Trials; Subscription Term; Auto-Renewal

Reclaimr may offer a free trial from time to time. The length, eligibility criteria, scope, and conditions of any free trial may change at Reclaimr's discretion and may be described at Account Setup, in an order flow, or in promotional materials.

Unless otherwise stated in writing, any free trial will automatically convert into a paid subscription at the end of the trial period, and Reclaimr may charge the payment method on file without further notice. Customer is responsible for canceling before the end of the trial period if it does not want to continue into a paid subscription.

At launch, subscriptions are month-to-month and renew automatically on the same calendar day of each month as the initial paid activation date, unless earlier terminated in accordance with this Agreement. If a plan change starts a new billing month (see Section 7), renewals then follow the date of that change instead of the initial paid activation date. Reclaimr may later offer annual or other subscription plans at its discretion.

7. Fees, Billing, Price Changes, and Failed Payments

Customer will pay all fees, charges, taxes, and other amounts specified at Account Setup or otherwise agreed in writing. Pricing may change from time to time. Reclaimr may increase pricing with at least thirty (30) days' prior notice, except that where a locked, founding, or charter rate is expressly stated at Account Setup or on an applicable order form or written offer, that rate will govern for that Customer for the period stated in that offer and will not be increased during that period. Fees for a Location-Based Plan are charged per location (or per seat, as applicable). Adding a location or seat during a billing period increases the fees accordingly, effective when it is added, and such additions may be billed on the next invoice or prorated as stated at Account Setup or on the order form. Plans differ in which features of the Services they include, as described at Account Setup or on Customer's billing page.

Usage-Based Plans. A Usage-Based Plan includes a set number of Short Pays in each billing month for a fixed monthly fee, and charges a fee for each Short Pay beyond that number (an "Extra"), up to a monthly maximum, each as shown at Account Setup or on Customer's billing page. A "Short Pay" means one insurance claim (one case in the Services). A Short Pay is counted once, when the Services first begin comparing the insurer's estimate with Customer's estimate, or first begin preparing a rebuttal, for that claim; it is not counted again for a revised insurer estimate, a re-run, or later work on the same claim. No Short Pays are counted during a free trial. After the trial ends, a claim is counted the first time that work begins on it, unless the Services had already begun preparing a rebuttal for it during the trial. A billing month runs from one billing date to the next. Included Short Pays that are not used in a billing month do not carry over.

Before the first Extra in a billing month is processed, the Services will ask a user on Customer's account to approve it. Any user on Customer's account other than a view-only user may give that approval, and Customer is bound by it and responsible for paying for it. One approval covers that Extra and every further Extra in the same billing month, up to the monthly maximum. Extras are billed on Customer's next invoice and are owed once approved, even if the subscription ends before they are invoiced. Once Customer's charges for a billing month reach the monthly maximum, further Short Pays in that billing month carry no additional charge. Reclaimr may notify Customer as its usage approaches or reaches the included Short Pays or the monthly maximum, but Customer is responsible for monitoring its own usage.

Plan Changes. Customer may switch from a Usage-Based Plan to a Location-Based Plan from its billing page. A switch made during a free trial takes effect immediately, and the new plan's fees begin when the trial ends. A switch made during a paid billing month takes effect immediately: a new billing month starts on the date of the switch, and the unused portion of the current billing month is credited against the new plan's first charge. Approved Extras remain payable after a switch and are billed on that charge or a later invoice.

All charges are non-refundable once processed, except as required by applicable law. Except for the plan-change credit described above, Reclaimr does not provide refunds or credits for partial billing periods, partially used subscriptions, unused Short Pays, removed locations, or unused features.

If payment fails, Reclaimr may provide a grace period of up to five (5) days before suspending access, disabling features, or restricting use. Reclaimr may retry failed charges, update billing status, suspend or terminate access, and collect unpaid amounts using lawful means. Customer remains responsible for any amounts due during any suspension period caused by Customer's nonpayment.

8. Customer Data; Ownership; Service License

As between the parties, Customer retains ownership of Customer Data. "Customer Data" means data, files, estimates, procedures, cases, records, credentials, communications content, images, reports, and other materials submitted to, generated through, or made available within the Services on Customer's behalf.

Customer grants Reclaimr and its Affiliates a worldwide, non-exclusive, royalty-free right to host, copy, process, store, transmit, display, modify, create derivative works from, and otherwise use Customer Data as reasonably necessary to provide, secure, support, maintain, improve, and operate the Services; comply with law; enforce this Agreement; investigate misuse; and create de-identified, anonymized, or aggregated insights, benchmarks, white papers, reports, trend analyses, and similar materials.

Customer acknowledges and agrees that Reclaimr may use Customer Data to provide Customer with insights about Customer's historical performance and projected performance opportunities, and may use de-identified or aggregated data to improve the Services and related products.

9. Privacy; DPA; Retention; Deletion; Export

Customer's use of the Services is also subject to the Privacy Policy and the DPA. Customer acknowledges that Hero Group LLC or other Affiliates may process Customer Data on Reclaimr's behalf in connection with Hero Connect, operation of Repair Explainer, hosting or displaying customer-facing repair content, creating secure links, delivering email and SMS messages, processing repair timelines and status information, recording delivery and link-access events, maintaining authorization and communication-preference records, processing opt-outs, or other service operations.

Unless the customer requests earlier deletion after termination, Reclaimr may retain Customer Data during the subscription term and for up to one (1) year after termination. Reclaimr will retain data for at least thirty (30) days, and after that period may delete data in accordance with its retention practices. Upon a valid deletion request following termination, Reclaimr will process deletion from active systems and backups within thirty (30) days, except for data Reclaimr is required or permitted to retain for audit, fraud prevention, billing, dispute resolution, legal hold, security, or compliance purposes.

Reclaimr may provide reasonable export assistance on request but does not promise export in any specific format unless otherwise agreed in writing. Customer acknowledges that some data, logs, artifacts, or records may not be exportable in their original operational format.

10. Automation Authorization; Customer Responsibility for Automated Actions

In addition to acceptance of this Agreement, Customer must separately and affirmatively authorize any automated workflow, automated communication, or other automated action enabled through the Services. Such authorization must be made through a separate acknowledgement presented by Reclaimr and may be captured electronically.

Customer has the option to opt-out of automated workflows if they choose to.

If Customer enables any automation feature, Customer expressly authorizes Reclaimr and its affiliate-provided service components to generate, edit, route, transmit, post, save, and otherwise take actions on Customer's behalf in accordance with the automation settings, rules, permissions, and workflows selected or enabled by Customer.

Authorized automated workflows may include generating a Repair Explainer; creating or sending a secure Repair Explainer link; delivering a Repair Explainer or related repair communication by email or SMS; sending repair-stage, appointment, delay, approval, or pickup updates; processing delivery failures or responses; recording access events; processing opt-outs; and suppressing further messages where appropriate.

Customer acknowledges and agrees that any message, rebuttal, communication, edit, workflow action, or other output generated, transmitted, or taken through an enabled automation feature is deemed authorized by Customer. Customer bears sole responsibility for all such actions and outputs, including their accuracy, completeness, appropriateness, timing, legal sufficiency, business impact, and compliance with Customer's obligations to vehicle owners, insurers, adjusters, employees, vendors, regulators, and other third parties.

Customer is solely responsible for reviewing all outputs before sending or relying on them, except to the extent Customer affirmatively elects to automate a workflow or action. If Customer elects automation, Customer acknowledges that it has reviewed the relevant features and accepts full responsibility for outputs and actions sent or taken on its behalf without additional human review.

11. AI Features; Output Limitations; No Reliance

The Services may use artificial intelligence, machine learning, rules-based logic, or other automated methods. Reclaimr may change models, providers, prompts, routing logic, automation logic, and feature-specific workflows at any time in its discretion to improve the Services or outputs.

When Reclaimr processes estimates through its AI-assisted estimate features - including estimate scrubbing, estimate comparison, and estimate classification - Reclaimr applies automated redaction designed to remove the following categories of personal information from the estimate content before it is sent to third-party AI model providers: customer name, home or mailing address, phone number, email address, driver's license number, date of birth, payment card information, banking information, insurance policy number, vehicle identification number (VIN), and claim number, in each case when tied to a specific individual. This redaction is a processing safeguard designed to limit personal information in AI model inputs; it is not a guarantee that every instance is removed in all cases. Personal information may still be processed by the Services and their subprocessors for non-AI functions necessary to provide the Services, including storage, transmission, authentication, workflow execution, logging, security, troubleshooting, billing, and support. Separately, AI-enabled features outside of estimate processing - such as conversational assistance, communications drafting, and voice features - may process information that Customer or its users choose to submit to those features, and Customer is responsible for what it submits.

AI-assisted or automated outputs may be incomplete, incorrect, inconsistent, not accepted by insurers, or otherwise unsuitable for Customer's intended use. Customer remains solely responsible for reviewing and determining whether to use, send, rely on, or act on any output. Reclaimr does not guarantee that insurance companies will accept the rebuttals or pay the reclaimed amounts.

12. Hero Connect; Device-Side Activity; Internal Permissions

Hero Connect is optional but recommended. Before installing, enabling, or using Hero Connect, the installing or enabling user must review and agree to the Hero Connect terms presented at installation. That consent flow is in addition to Account Setup acceptance of this Agreement.

Customer represents and warrants that any user who installs, enables, accesses, or uses Hero Connect has full authority from Customer to do so on the applicable machine, device, account, browser session, local environment, and third-party software environment.

Customer is solely responsible for providing any notice, disclosure, authorization, consent, or policy acknowledgement required under Customer's employment policies, workplace rules, privacy policies, or other internal requirements before installing or using Hero Connect on any company-controlled or user-accessible machine.

Customer expressly authorizes Reclaimr, Hero Group LLC, and their respective service providers to access, interact with, analyze, collect, process, and retain information from local files, application windows, browser sessions, screenshots, transcripts, active-window context, and related device-side activity solely as directed by Customer and as reasonably necessary to provide, secure, support, maintain, and improve Hero Connect and the Services.

Customer acknowledges that screenshots, transcripts, session artifacts, logs, and related Hero Connect records may be retained for as long as reasonably required to provide the Services, support Customer, maintain system integrity, investigate issues, comply with legal obligations, and enforce this Agreement.

Customer may choose not to install or may later remove Hero Connect and continue to use the Reclaimr web application, but Customer acknowledges that certain features, functions, and workflow capabilities may be limited or unavailable without Hero Connect.

13. Third-Party Systems; Credentials; Agentic Workflow Execution

The Services may read from and write to Customer's existing management systems, software, and supporting tools in order to complete work. Reclaimr refers to this as agentic workflow execution.

Customer is responsible for providing accurate, current, and lawfully usable credentials and for ensuring that Customer's use of the Services with any third-party system does not violate Customer's contracts, terms, licenses, policies, or obligations to those providers. Customer authorizes Reclaimr and its Affiliates to store and use Customer credentials solely as necessary to operate the Services.

Reclaimr does not guarantee uninterrupted availability of any agentic workflow execution with third-party systems. Third-party providers may change APIs, terms, workflows, access methods, rate limits, pricing, or permitted uses, or may suspend, restrict, lock, or object to Customer's use of the Services. Reclaimr may suspend, limit, modify, or discontinue support for any provider or access pathway immediately if legal, technical, operational, reputational, or commercial risk changes. Core functionality may remain available through uploads or other manual methods even if an automated pathway is unavailable.

Customer will indemnify the Reclaimr Parties against any third-party claim, investigation, enforcement action, suspension, loss, cost, or liability arising from or related to Customer's use of a third-party system through the Services, including any allegation that such use violated the third party's rules, terms, or rights.

14. Share Links; Reports; Explainers; Communications

The Services may allow Customer to generate reports, explainers, rebuttals, repair timelines, repair-status updates, share links, and other content for use with customers, insurers, adjusters, or other third parties. Customer-facing content may display the Repair Explainer brand and may be delivered through a secure link, email, or SMS. Customer is solely responsible for deciding what content to generate, review, approve, share, transmit, or publish, and with whom to share it.

Any person who accesses a report or content using a valid share link may be able to view the materials made available through that link. Customer is solely responsible for link distribution, recipient selection, revocation decisions, and the consequences of making content available through a valid link or transmission path. Reclaimr may record message delivery, link access, and engagement events. Customer remains responsible for recipient selection, for the underlying repair and status information, and for promptly correcting inaccurate information.

Reclaimr is not responsible for any third party's access to, interpretation of, reliance on, or reaction to materials shared by Customer or made available through Customer-controlled links, communications, or outputs.

Repair timelines, estimated dates, stages, and milestones may change because of additional damage, parts availability, insurer decisions, approvals, scheduling, or other repair conditions. A displayed stage or milestone does not certify that related work has been completed, inspected, or approved. A displayed pickup stage or estimated completion date is not authorization to retrieve a vehicle unless Customer separately confirms that the vehicle is ready.

15. Customer Responsibilities; Prohibited Uses

Customer will use the Services only for lawful business purposes and in accordance with this Agreement. Customer may not: (a) use the Services to infringe or violate third-party rights; (b) use the Services in a way that violates law, professional obligations, repair obligations, consumer-protection obligations, insurance obligations, or privacy obligations; (c) attempt to reverse engineer, copy, scrape, or build a competing product using the Services except as expressly permitted by law; (d) use outputs, data, or access to benchmark, analyze competitively, or train competing models, products, or services; (e) resell, sublicense, or provide access to unauthorized third parties; or (f) use the Services to create deceptive, defamatory, unlawful, harassing, or misleading communications.

Customer remains solely responsible for all uploaded data, estimates, procedures, reports, outputs, explainers, rebuttals, emails, texts, and any other content or actions initiated, reviewed, approved, automated, sent, or shared through the Services.

Customer will provide accurate and current recipient and repair-status information, promptly correct inaccuracies, and use customer-facing communications only for recipients connected to a legitimate repair relationship. Customer will honor communication preferences, opt-outs, and suppression records; promptly notify Reclaimr of any withdrawal of authorization received outside the Services; and will not use repair-message workflows for unrelated marketing without any separate consent required by law.

16. Suspension

Reclaimr may suspend, restrict, or disable any portion of the Services immediately, with or without notice, if Reclaimr reasonably believes that Customer's use creates a security risk, legal risk, reputational risk, payment risk, misuse risk, dispute risk, or operational risk, or if Reclaimr is required to do so by law or a third-party provider.

Suspension does not relieve Customer of its payment obligations for accrued charges or minimum committed fees, if any. Reclaimr will have no liability for any suspension taken in good faith under this Section.

17. Intellectual Property; Feedback

The Services, including all software, technology, workflows, interfaces, documentation, reports, designs, prompts, logic, AI models, templates, and related intellectual property, are and remain owned by the Reclaimr Parties or their licensors. No rights are granted except the limited right to access and use the Services during the subscription term in accordance with this Agreement.

If Customer provides suggestions, comments, ideas, corrections, enhancement requests, or other feedback, Reclaimr may use that feedback without restriction or obligation. Reclaimr may incorporate feedback into the Services, documentation, or related offerings without payment to Customer.

18. Confidentiality

Each party may receive non-public information from the other party that is designated as confidential or that reasonably should be understood to be confidential, including technical, commercial, business, product, pricing, data, and operational information ("Confidential Information"). The receiving party will use the disclosing party's Confidential Information only as necessary to exercise rights or perform obligations under this Agreement and will protect it using reasonable care.

Confidential Information does not include information that: (a) is or becomes public without breach of this Agreement; (b) was lawfully known by the receiving party without restriction; (c) is lawfully received from a third party without restriction; or (d) is independently developed without use of the disclosing party's Confidential Information.

The receiving party may disclose Confidential Information to its Affiliates, contractors, advisors, and service providers who need to know it and are bound by confidentiality obligations, and may disclose Confidential Information when required by law, subpoena, court order, or governmental request.

19. Publicity; Anonymized Results

Reclaimr may use Customer's results, outcomes, and data in anonymized, aggregated, or de-identified form for product, research, marketing, benchmarking, white papers, reports, and similar materials. Reclaimr will obtain written consent before using Customer's name, logo, or non-anonymized data in case studies, on websites, or in similar public-facing materials.

20. Disclaimers

THE SERVICES ARE PROVIDED "AS IS," "AS AVAILABLE," AND WITHOUT WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE RECLAIMR PARTIES DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, SYSTEM INTEGRATION, OR THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

WITHOUT LIMITING THE FOREGOING, THE RECLAIMR PARTIES DO NOT WARRANT THAT ANY OUTPUT, ESTIMATE, REBUTTAL, EXPLAINER, COMMUNICATION, REPORT, WRITE-BACK, OR AUTOMATED ACTION, SMS OR EMAIL DELIVERY, SECURE LINK, REPAIR TIMELINE, STATUS EVENT, MILESTONE, ESTIMATED COMPLETION DATE, OR PICKUP NOTICE WILL BE COMPLETE, CORRECT, TIMELY, INSURER-ACCEPTED, OEM-COMPLIANT, PROFITABLE, OR SUITABLE FOR CUSTOMER'S PURPOSES. THE RECLAIMR PARTIES ALSO DO NOT WARRANT CARRIER ACCEPTANCE, MESSAGE TIMING, PARTS AVAILABILITY, INSURER RESPONSE TIMING, VEHICLE PICKUP READINESS, OR THAT A DISPLAYED STAGE OR MILESTONE PROVES COMPLETION, INSPECTION, OR APPROVAL.

21. Repair, Estimate, Insurer, and Operational Responsibility

Customer remains solely responsible for all final repair decisions, estimate content, supplement content, rebuttals, submissions, insurer communications, customer communications, pricing decisions, compliance decisions, safety decisions, repair plans, repair stages, estimated and actual completion dates, final invoices, customer approvals, pickup readiness, and business decisions. Reclaimr is not the author or submitter of any estimate, supplement, rebuttal, submission, or communication, and Repair Explainer is not the authoritative repair record, even if content is generated, edited, routed, transmitted, or communicated by voice, email, or SMS through the Services.

The Reclaimr Parties are not responsible for repair quality, repair completeness, repair defects, vehicle damage, OEM compliance, insurer acceptance or rejection, denied claims, reduced supplements, insurer conduct, customer dissatisfaction, unfair trade practice claims, deceptive trade practice claims, consumer claims, regulatory claims, or other disputes arising from Customer's business, repairs, communications, or use of the Services.

Customer acknowledges that the Services are decision-support and workflow software tools and that all business, legal, compliance, repair, and insurance outcomes remain Customer's responsibility.

22. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE RECLAIMR PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITY, VEHICLE VALUE, CLAIM VALUE, OR CUSTOMER RELATIONSHIP, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF THE RECLAIMR PARTIES ARISING OUT OF OR RELATING TO THE SERVICES OR THIS AGREEMENT WILL NOT EXCEED THE LESSER OF: (A) FEES PAID BY CUSTOMER TO RECLAIMR DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) THE TOTAL AMOUNT PAID BY CUSTOMER TO RECLAIMR IF LESS THAN THREE (3) MONTHS OF FEES HAVE BEEN PAID.

THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF THE THEORY OF LIABILITY AND REGARDLESS OF WHETHER ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

23. Indemnification

Customer will defend, indemnify, and hold harmless the Reclaimr Parties from and against any and all third-party claims, demands, suits, actions, investigations, proceedings, judgments, losses, damages, liabilities, settlements, penalties, fines, costs, and expenses, including reasonable attorneys' fees and costs, arising out of or relating to: (a) Customer Data; (b) Customer's use of the Services; (c) Customer's use of any third-party system through the Services; (d) any repair defect, vehicle-related claim, customer claim, insurer claim, claimant claim, or regulatory claim arising from Customer's business or repairs; (e) Customer's estimates, supplements, rebuttals, communications, reports, share links, or automated actions; (f) Customer's violation of law, third-party rights, contracts, or policies; or (g) any allegation that Customer lacked authority, permission, consent, or rights required for Customer's installation or use of Hero Connect or other service functionality; or (h) Customer’s failure to obtain or document required customer authorization, absence or deficiency of an authorization workflow, inaccurate or reassigned contact information, messages sent to an unintended recipient or after opt-out, failure to communicate a withdrawal, circumvention of suppression controls, inaccurate or misleading repair-status or pickup information, unauthorized promotional content, or violation of messaging, privacy, or consumer-protection law arising from Customer’s instructions, data, or use of the Services.

Reclaimr may elect, in its discretion and on a case-by-case basis, to assume sole control of the defense and settlement of any indemnified matter using counsel of its choosing, at Customer's expense. Customer may not settle any claim in a manner that imposes liability, admission, injunctive relief, operational obligations, or other burden on any Reclaimr Party without Reclaimr's prior written consent.

This Section survives termination for as long as any applicable claim may be brought under the relevant statute of limitations or other applicable limitations period.

24. Termination

Customer may cancel a month-to-month subscription at any time, but cancellation will take effect at the end of the then-current billing period, and no refund will be provided for amounts already charged.
Reclaimr may terminate or suspend this Agreement or any part of the Services immediately if Customer breaches this Agreement, fails to pay amounts due, presents legal or security risk, misuses the Services, or causes unacceptable operational or reputational risk.

Upon termination, Customer's right to access and use the Services ends, except to the extent Reclaimr permits limited post-termination access for billing, export, or transition purposes. Sections that by their nature should survive termination will survive, including sections addressing payment obligations, intellectual property, confidentiality, disclaimers, limitations of liability, indemnification, dispute resolution, and data retention or deletion.

25. Dispute Resolution; Arbitration; Class Waiver

THIS AGREEMENT IS GOVERNED BY THE LAWS OF THE STATE OF MARYLAND, WITHOUT REGARD TO ITS CONFLICTS OF LAW RULES.

ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES WILL BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION IN MARYLAND ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA") UNDER ITS APPLICABLE COMMERCIAL ARBITRATION RULES. THE PARTIES WAIVE ANY RIGHT TO A JURY TRIAL AND WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, MASS ACTION, OR REPRESENTATIVE ACTION.

ARBITRATION WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OR PRESIDE OVER ANY FORM OF CLASS, COLLECTIVE, MASS, OR REPRESENTATIVE PROCEEDING.

Notwithstanding the foregoing, Reclaimr may seek injunctive, equitable, or similar emergency relief in any court of competent jurisdiction to protect intellectual property, confidential information, security interests, payment rights, or to prevent misuse of the Services. Customer agrees that damages may be an inadequate remedy for such harms.

26. Force Majeure

Reclaimr is not liable for delay, failure, degradation, or interruption caused by events beyond its reasonable control, including acts of God, natural disaster, fire, flood, pandemic, labor disruption, war, terrorism, civil unrest, internet or telecommunications failure, utility failure, cyberattack, third-party service outage, government action, legal restriction, vendor failure, or supply chain disruption.

27. Notices; Changes to the Agreement; Miscellaneous

Legal notices to Reclaimr must be sent to support@reclaimr.ai with a copy to 811 Stiles Court, Joppa, MD 21085, or to any updated notice address posted by Reclaimr. Customer consents to receive notices electronically.

Reclaimr may update this Agreement from time to time. Updated terms become effective when posted or on the stated effective date. If Customer continues using the Services after the updated terms become effective, Customer accepts the updated Agreement.

This Agreement constitutes the entire agreement between the parties regarding the Services and supersedes prior or contemporaneous understandings on the same subject matter. If any provision is held unenforceable, the remaining provisions will remain in effect. Customer may not assign this Agreement without Reclaimr's prior written consent. Reclaimr may assign this Agreement, in whole or in part, to an Affiliate or in connection with a merger, acquisition, financing, restructuring, or sale of assets. Failure to enforce any provision is not a waiver.

28. Repair Explainer Delivery and Customer Authorization Workflow

As part of the Services, Customer may provide or confirm a vehicle owner’s mobile telephone number or email address for delivery of a Repair Explainer, secure link, repair update, or related communication. By accepting this Agreement and using or enabling Repair Explainer delivery, Customer instructs and authorizes Reclaimr and its Affiliates, including Hero Group LLC doing business as Repair Explainer, to generate and send such communications on Customer’s behalf.

Messages Reclaimr and its Affiliates send on Customer's behalf will identify Customer (the participating repair facility) as the party on whose behalf the message is sent (for example, "Shop Name (via Repair Explainer)"), and will honor STOP and other opt-out requests.

By accepting this Agreement and using or enabling Repair Explainer delivery, Customer represents, warrants, and agrees that Customer has implemented and will maintain a workflow reasonably designed to provide all required notices and obtain, record, and retain all authorizations, consents, permissions, and lawful bases necessary before Customer provides or confirms a vehicle owner’s mobile telephone number or email address for delivery of a Repair Explainer or related repair communication. Customer’s workflow must associate the authorization with the applicable recipient and contact information and permit Customer to demonstrate the date, method, and scope of the authorization upon reasonable request.

Customer will provide accurate contact information, maintain evidence of authorization as required, promptly notify Reclaimr of any withdrawal received outside the Services, and honor opt-outs and suppression records. Customer will not bypass an opt-out by using another number, account, workflow, or campaign. Reclaimr and its Affiliates may rely on Customer’s certification and instructions when delivering communications on Customer’s behalf.

SMS and email delivery may be delayed, filtered, blocked, rejected, or otherwise affected by carriers, service providers, spam controls, invalid or reassigned contact information, device settings, or outages. Reclaimr does not guarantee delivery or receipt. Repair-related communications may not include unrelated advertising or promotional content unless Customer has obtained any separate consent required by applicable law.

29. Voice and Telephone Communications

Reclaimr may place and receive telephone calls in connection with the Services, including account, onboarding, support, appointment, and service calls. Some calls may be handled in whole or in part by an automated or artificial-intelligence system. Where required by law, Reclaimr will disclose that an automated system is being used.

By providing a telephone number, Customer consents to receive such calls at that number and consents to the recording, transcription, and storage of those calls for quality, training, support, security, and record-keeping purposes, except where prohibited by law. In jurisdictions requiring all-party consent to recording, Reclaimr will provide notice at the start of the call, and continuing on the call constitutes consent.

Consent to receive calls is not a condition of purchasing the Services. Customer may request not to receive non-essential or marketing calls by contacting Reclaimr at support@reclaimr.ai. Any marketing or telemarketing calls are conducted in accordance with applicable law, including the Telephone Consumer Protection Act and applicable do-not-call requirements. Customer is responsible for ensuring it has authority to provide any telephone number it submits.

30. SMS / Text Message Programs

Reclaimr operates two separate text messaging programs for its business customers and their authorized users. The programs are registered separately with the mobile carriers, permission is collected differently for each, and consent to one program is not consent to the other.

(a) Reclaimr Sales. Messages sent by a Reclaimr sales or onboarding representative to a person who asked Reclaimr to contact them and who gave permission to be contacted by text at the mobile number they provided. Messages cover demonstration confirmations, scheduling and rescheduling of that demonstration, account setup and onboarding links, answers to product questions the person raised, and a check-in during a free trial, up to 5 messages per month. Permission for this program is given either verbally, on a telephone call with a representative, or by affirmatively ticking an optional consent box that is not pre-checked on a Reclaimr lead form shown in Reclaimr's own advertising or on the Reclaimr demonstration booking page. Ticking that box is optional, and a form may be submitted or a demonstration booked without it. There is no text-in keyword for this program, and Reclaimr does not purchase, rent or accept mobile numbers for it from list sellers, affiliates or other third parties. The program disclosure, including the exact wording a representative reads before asking and the exact wording shown beside each consent box, is published at app.reclaimr.ai/legal/sms.

(b) Account and Support Notifications. Messages you receive by providing a mobile telephone number and affirmatively opting in, for example by checking the SMS consent box during Account Setup or on a Reclaimr form. Messages cover account, service, and support notifications, such as alerts that an estimate has been processed or a rebuttal is ready to review, up to 5 messages per month.

Consent to receive text messages is not a condition of purchasing any goods or services. Opting in to one of these programs does not enroll you in the other.

Message and data rates may apply according to your mobile carrier's plan. Reclaimr and the mobile carriers are not liable for delayed or undelivered messages.

You may opt out of either program at any time by replying STOP to any message from Reclaimr. After you reply STOP, Reclaimr will send a single confirmation message and will not send further messages unless you opt back in by replying START. An opt-out is honored across all Hero Group messaging programs, not just the one you replied to. For help at any time, reply HELP or contact Reclaimr at support@reclaimr.ai.

Mobile telephone numbers and SMS opt-in consent are used only to operate these messaging programs. Mobile information is not sold, rented, or shared with third parties, and is not shared with affiliates for their own marketing purposes, under any circumstances. Messages Reclaimr delivers on behalf of a participating repair facility (for example, Repair Explainer repair updates) are sent under the facility's consent and identify that facility. Your participation in these messaging programs is also governed by the Privacy Policy.

31. Beta and Early-Access Features

Reclaimr may make beta, preview, early-access, or experimental features available, including Repair Explainer timelines, tracker milestones, customer-status notifications, and other features offered to select customers or behind feature flags. Such features are optional and provided "AS IS," may be incomplete, may change, and may be limited, suspended, or discontinued at any time without notice. Beta features may receive limited or no support and carry no availability, performance, accuracy, or fitness commitment. Reclaimr may collect additional usage data from beta features to evaluate and improve them.

End of Agreement.