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 (including psychrometric drying logs and photo documentation) to receive Audit 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. Free Trial

We offer a one (1) file free trial to qualified carriers, independent adjusters, and TPAs. The free trial is subject to the following conditions:

• No credit card is required to access the free trial.
• The free trial is limited to one (1) audit file per organization.
• Free trial reports are subject to the same non-binding disclaimer and internal use restrictions as paid reports.
• We reserve the right to modify or discontinue the free trial offer at any time without notice.
• Abuse of the free trial (e.g., multiple accounts created to circumvent the one-file limit) may result in immediate suspension of access.

4. Privacy & Data Protection

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.

5. 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 active processing servers within 30 days of report generation (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.

6. Business Continuity, Backups, and Data Retention Safeguards

We maintain commercially reasonable business continuity and disaster recovery policies aimed at ensuring service availability and ensuring that customer data is not lost, corrupted, or accessed by unauthorized personnel. Customer information is encrypted during transmission and at rest (AES-256), and automated daily backups are conducted and stored in a secure, dedicated AWS S3 bucket.

Uploaded documents are removed from active processing servers within thirty (30) days of report generation. Encrypted backup copies of database snapshots may be retained for up to thirty (30) days solely for disaster recovery, security, fraud deterrence, or as required by applicable law, court order, or regulatory requirement. After thirty (30) days, backup copies are automatically and permanently deleted via AWS Lifecycle Rules.

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

7. 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, hosting, and encrypted cloud backup storage.
• Google (Gemini AI): AI model processing for audit report generation and document analysis.
• Pinecone: Vector database used for retrieval of IICRC standards during the audit pipeline.
• Stripe: Payment processing services. All payments are made through Stripe, Inc.

Such providers are authorized to handle personal data only to provide the Service. We require every provider to maintain proper security controls and contractual agreements to safeguard your data. Through the Service, you acknowledge and agree to our use of these providers and their applicable terms of use.

8. 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 reasonable notice:

Free Trial:

• One (1) file free trial - no credit card required. One trial per organization.

Pay-As-You-Go:

• Per-File - $79 per invoice review, charged immediately upon processing.

Pre-Paid Bundle:

• Bundle Pack - $375 (pre-paid) for 5 file reviews ($75/file effective). Expires in 3 months from date of purchase.

Monthly Subscription Plans:

• Small Monthly - $700 per month for up to 10 files per month.
• Medium Monthly - $1,800 per month for up to 30 files per month.

Enterprise Plans (available upon request):

• $8,000 per month - up to 120 files per month.
• $12,500 per month - up to 250 files per month.
• $15,000 per month - Unlimited files, subject to the Fair Use Policy.

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.

9. Fair Use Policy

All plans are subject to reasonable commercial use guidelines as outlined in our Fair Use Policy, available at https://mitigationaudit.com/fair-use-policy. 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. Plans with defined file caps (e.g., 10, 30, 120, or 250 files per month) are hard limits and are not subject to soft fair use enforcement.

10. AI & Document Processing Disclaimer

The Service uses AI-powered document processing, including Google Gemini and supporting retrieval technology, to analyze uploaded files and generate audit output. While we strive for high accuracy, errors may occur due to poor-quality scans, handwriting, formatting variations, or limitations of 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.

11. 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.

12. Data Protection and Security Liability Clarification

Nothing in this Agreement will be understood to restrict or eliminate liability to the degree that it is not permissible by law. The total aggregate liability of Mitigation Audit LLC as to any data breach shall be subject to the overall liability limit established above.

For clarity, Mitigation Audit LLC will not be liable for data security events arising from: (a) customer failure to redact or anonymize sensitive information before uploading; (b) customer misconfiguration, credential sharing, or failure to control internal security protocols; or (c) third-party systems, networks, or integrations outside the reasonable control of Mitigation Audit LLC.

Nothing in this section shall restrict the duty of Mitigation Audit LLC to adopt commercially reasonable administrative, technical, and physical security measures to protect personal data in accordance with applicable data protection laws.

13. 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.

14. Dispute Resolution

Agreement to Arbitrate: Unless expressly specified otherwise herein, 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, not by court proceeding.

Rules of Arbitration and Seat: Arbitration shall be conducted 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 mutually agree in writing to conduct the arbitration remotely or in another location. The arbitration award may be entered as judgment in any competent court.

Individual Basis Only; Class Action Waiver: Each dispute will be resolved on an individual basis only, without any class, collective, consolidated, or representative action. The arbitrator shall not consolidate or merge claims of various parties or conduct any class or representative proceeding.

Injunctive and Equitable Relief Carve-Out: Notwithstanding 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 interests, without undergoing arbitration.

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

Severability and Survival: If any part of this arbitration provision is held unenforceable, all other parts shall remain in full effect. This arbitration provision survives termination of these Terms or the Service.

15. 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.

16. 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.

17. 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