CLAIMS CALCULATOR TERMS OF SERVICE

FOR CLAIMS CALCULATOR ONLINE ESTIMATE ANALYSIS SERVICES

Last updated: January 18, 2025

Welcome and thank you for your interest in the Services offered by Griffin Data Services, LLC (referred to as "Claims Calculator", "we", "our", or "us"), and our Website at claimscalculator.com ("Website") along with any networks, applications, claims adjuster and representative services, communication channels (including online chat), and other services provided by us (collectively, our "Services"). Review these Terms of Service ("Agreement") thoroughly and carefully. This Agreement is a legally binding contract between you and Claims Calculator.

By visiting the Website, clicking "I Agree" or another button on the Website to submit your information to us or by otherwise using or accessing the Services, you acknowledge that you have read, understood and agree to be bound by the following Terms and Conditions, including our Privacy Policy (together, the "Terms"). If you are not eligible to use our Services or agree to these Terms, or if you do not agree to the Terms, then you do not have our permission to use the Services.

You also agree that Claims Calculator may (1) call and text you regarding our Services, and (2) monitor and record any Website and chatbot interactions and visits.

1. SERVICE OVERVIEW

Claims Calculator provides a service where consumers and businesses can assess and analyze insurance claims in order to better understand the value of their insured loss. CLAIMS CALCULATOR IS NOT A LICENSED INSURANCE CLAIMS ADJUSTER. It provides users with information based on certain proprietary metrics and analysis. This Agreement describes the terms governing your use of the Services, including Content (defined below), updates and new releases. This Agreement includes by reference:

• Claims Calculator's Privacy Policy
• Additional terms and conditions, which may include those from third parties
• Any terms provided separately to you for the Services, including product or program terms, ordering, activation, payment terms, etc.

2. USE OF SERVICES

2.1 Eligibility

You must be at least 18 years of age to use the Services. By agreeing to these Terms, you represent and warrant to us that: (i) you are at least 18 years of age; (ii) you have not previously been suspended or removed from the Services; and (iii) your registration and your use of the Services is in compliance with all applicable laws and regulations. If you are using the Services on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to these Terms and you agree to be bound by these Terms individually and on behalf of that organization.

2.2 Account Registration

In order to purchase or use the Services you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your email address or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, then you must immediately notify us at support@claimscalc.com.

2.3 Intellectual Property

The Services are owned and operated by Claims Calculator. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service ("Materials") provided by Claims Calculator are protected by copyright, trade secret, intellectual property laws and other laws. All Materials included in the Services are the property of Claims Calculator or our third-party licensors. Except as expressly authorized by Claims Calculator, you may not make use of the Materials. You are only granted the right to use the Services and only for the purposes described by Claims Calculator. Claims Calculator reserves all other rights in the Services. Until termination of this Agreement and as long as you meet any applicable payment obligations and comply with this Agreement, Claims Calculator grants to you a personal, limited, nonexclusive, nontransferable right and license to use the Services. Claims Calculator reserves all rights to the Materials not granted expressly in these Terms.

2.4 Prohibited Uses

You agree not to use, nor permit any third party to use, the Services in a manner that violates any applicable law, regulation or this Agreement. You agree you will not:

• Provide access to or give any part of the Services to any third party
• Reproduce, modify, copy, sell, trade, lease, rent or resell the Services
• Decompile, disassemble, or reverse engineer the Services
• Make the Services available on any file-sharing or application hosting service

3. PAYMENT

For Services offered on a payment or subscription basis, the following terms apply, unless Claims Calculator or its third party affiliate notifies you otherwise in writing. This Agreement also incorporates by reference and includes program ordering and payment terms provided to you on the Website for the Services:

• Payments will be billed to you in U.S. dollars, and your account will be debited when you subscribe and provide your payment information, unless stated otherwise in the program ordering or payment terms on the Website for the Services
• You must pay with a valid credit card, debit card, or other payment method acceptable to Claims Calculator
• If your payment and registration information is not accurate, current, and complete and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse any use of the Services
• Claims Calculator will automatically renew your monthly, quarterly, or annual Services at the then-current rates, unless the Services subscription is cancelled or terminated under this Agreement

4. USE WITH YOUR MOBILE DEVICE

Use of these Services may be available through a compatible mobile device, Internet access and may require software. You agree that you are solely responsible for these requirements, including any applicable charges, updates and fees (including message and data rates) as well as the terms of your agreement with your mobile device and telecommunications provider.

5. ELECTRONIC COMMUNICATIONS

By providing Claims Calculator with a telephone number and/or other contact information when registering for an account or utilizing the Services, you agree to receive communications, including via email and phone (including text messages and calls made using an autodialer or prerecorded voice message), from or on behalf of Claims Calculator at the email address or telephone number you provided, even if that number is on a National, State or Internal Do Not Call List. These calls may be for informational and marketing purposes, such as to provide you with information about Claims Calculator's Services and any updates or new services being offered, for assistance with Services, and to provide reminders.

OPT-OUT: IF YOU WISH TO OPT OUT OF MARKETING EMAILS, YOU CAN UNSUBSCRIBE BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE EMAIL ITSELF. IF YOU WISH TO OPT OUT OF TEXTS, YOU MAY REPLY "STOP" FROM THE MOBILE DEVICE RECEIVING THE MESSAGES. IF YOU WISH TO OPT OUT OF MARKETING CALLS OR CALLS TO A WIRELESS NUMBER, THEN YOU MAY MAKE A DO NOT CALL REQUEST EITHER DURING A CALL YOU RECEIVE FROM US OR BY CALLING BACK THE PHONE NUMBER PROVIDED DURING THE CALL.

6. YOUR PERSONAL INFORMATION

You can view Claims Calculator's Privacy Policy provided with the Services and on the Website. You agree to the applicable Claims Calculator Privacy Policy and any changes published by Claims Calculator. You agree that Claims Calculator may use and maintain your data according to the Claims Calculator Privacy Policy, as part of the Services. This means that Claims Calculator may use your data to improve the Services or to design promotions and to develop new products or services. Claims Calculator is a global company and may access or store personal information in multiple countries, including countries outside of your own country to the extent permitted by applicable law.

7. CONTENT AND USE OF THE SERVICES

Content includes any data, information, materials, text, graphics, images, music, software, audio, video, works of authorship of any kind, that are uploaded, transmitted, posted, generated, stored or otherwise made available through the Services ("Content"), which will include without limitation any Content that account holders (including you) provide through use of the Services. Certain features of the Services may permit or require users to upload Content to the Services ("User Content"). You retain copyright and any other proprietary rights you may hold in the User Content that you upload to the Services. By making User Content available through your use of the Services, you grant Claims Calculator a worldwide, royalty-free, non-exclusive license to host and use User Content.

You are solely responsible for your User Content. By uploading User Content, you represent and warrant that (i) you are the creator or owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize us to use and distribute your User Content as necessary to exercise the licenses granted by you in this section, in the manner contemplated by Claims Calculator, the Services, and these Terms; and (ii) your User Content, and the use of your User Content as contemplated by these Terms, does not and will not infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right.

8. PROHIBITED CONDUCT

BY USING THE SERVICES YOU AGREE NOT TO:

• use the Services for any illegal purpose or in violation of any local, state, national, or international law
• violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right
• post, upload, or distribute any content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate
• interfere with security-related features of the Services, including by disabling or circumventing features that prevent or limit use or copying of any content
• interfere with the operation of the Services or any user's enjoyment of the Services
• perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission, or falsifying your age or date of birth
• sell or otherwise transfer the access granted under these Terms or any Services or any right or ability to view, access, or use any Services

9. DIGITAL MILLENNIUM COPYRIGHT ACT

We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the Website or Services, you may contact our Designated Agent at:

10. DISCLAIMER OF WARRANTIES

11. LIMITATION OF LIABILITY AND INDEMNITY

You agree to defend, indemnify and hold Claims Calculator and its officers, directors, employees, consultants, Affiliates, subsidiaries, agents, business partners and Suppliers harmless from and against any and all claims, liability, damage, loss and expense, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to, use of, or alleged use of the Services.

12. MODIFICATIONS

Claims Calculator reserves the right to modify this Agreement, in our sole discretion, at any time, and the modifications will be effective when posted through the Services or on our Websites, or when we notify you by other means. We may also change or discontinue the Services, in whole or in part. It is important that you review this Agreement whenever we modify it because your continued use of the Services indicates your agreement to the modifications.

13. TERMINATION

Claims Calculator may, in its sole discretion and without notice, restrict, deny, terminate this Agreement or suspend the Services, related or other Services, effective immediately, in whole or in part, if we determine that your use of the Services violates the Agreement, is improper or substantially exceeds or differs from normal use by other users, raises suspicion of fraud, misuse, security concern, illegal activity or unauthorized access issues, to protect the integrity or availability of the Services or systems and comply with applicable Claims Calculator policy.

14. PRIVACY POLICY; ADDITIONAL TERMS

Please read the Claims Calculator Privacy Policy carefully for information relating to our collection, use, storage and disclosure of your personal information. The Claims Calculator Privacy Policy is incorporated by this reference into, and made a part of, these Terms.

15. FEEDBACK

If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Services ("Feedback"), then you hereby grant Claims Calculator an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Services and create other products and services.

16. EXPORT RESTRICTIONS

You acknowledge that the Services, its related Website, online services, and other Claims Calculator Services, including the mobile application, delivered by Claims Calculator are subject to restrictions under applicable US export control laws, including US trade embargoes and sanctions and security requirements, and applicable country or local laws to the extent compatible with US laws.

17. GOVERNING LAW

These Terms are governed by the laws of the State of Florida without regard to conflict of law principles. If a lawsuit, court proceeding or arbitration is permitted under these Terms, then you and Claims Calculator agree to submit to the personal and exclusive jurisdiction of state court, federal court, or arbitration located within Miami-Dade County, Florida for the purpose of resolving any dispute.

18. DISPUTES

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Claims Calculator Inc., in care of our registered agent at The Corporation Trust Company, 1209 Orange Street Corporations Trust Center, Wilmington, DE 19801. Arbitration will be conducted by the American Arbitration Association (AAA) before a single AAA arbitrator under the AAA's rules.

19. ADDITIONAL TERMS

Claims Calculator does not give professional advice. The Materials are for informational purposes only. No material is intended to be a substitute for professional advice. Unless specifically included with the Services, Claims Calculator is not in the business of providing legal, financial, accounting, tax, health care, real estate or other professional services or advice. Consult the services of a competent professional when you need this type of assistance.

20. GENERAL

This Agreement, including the Additional Terms below, is the entire agreement between you and Claims Calculator and replaces all prior understandings, communications and agreements, oral or written, regarding its subject matter. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. You may not assign or transfer this Agreement to anyone without written approval of Claims Calculator.

B. ADDITIONAL TERMS AND CONDITIONS FOR CLAIMS CALCULATOR ONLINE ESTIMATE ANALYSIS SERVICES

Your use of the Services provided by Claims Calculator are subject to the General Terms of Service above including these Additional Terms and Conditions which govern your use of the Services indicated below. These Additional Terms and Conditions shall prevail over any conflict or inconsistency with the General Terms of Service above.

1. License Grant and Restrictions

You may use the Services solely to compare and analyze estimates for which you are allowed, permitted, or licensed to use and are privy to. You may use certain versions of the Services to self-compare and analyze estimates. After proper registration and payment is made, you may access additional Services related to your estimates offered by Claims Calculator.

Restrictions on Use: You may not use the services to analyze estimates on a commercial basis.

2. Services

The term "Services" includes any state version of Claims Calculator Online software made available through this Website, and/or additional Claims Calculator Services, which may be subject to additional fees as described on the Website.

Pricing: Prices for the various Services are determined at time of selecting the version of Claims Calculator and all prices are subject to change without notice. You should confirm that the pricing for your use of the Services has not changed, particularly if some time has passed between the date you start your estimate analysis and the date you finish it. The price for your Service is the price at the time you pay for it. Your price will not change once you pay for your Services.

3. Help and Support

Claims Calculator may use a variety of methods (e.g., in-product, widgets, Internet, remote access, online community, chat, e-mail, video, and phone) to provide technical support and customer service in connection with the Services. The terms and conditions governing the offering of this support, which may require the payment of an additional fee, are subject to change as announced by Claims Calculator from time to time.

4. User ID and Password Security

You are the only person authorized to use your user ID and password and for maintaining the confidentiality of your user ID and password. You shall not permit or allow other persons to have access to or use your user ID and password. You are responsible for the use of the Services under your user ID. You must remember your user ID and password to electronically access your current and previous estimates.

5. Privacy of Insurance Estimate Information

At Claims Calculator we place the highest importance on respecting and protecting the privacy of our customers. Our most important asset is our relationship with you. We want you to feel comfortable and confident when using our products and services and with entrusting your insurance estimates to us. Our full Claims Calculator Privacy Policy can be found on the Claims Calculator Website. To contact us with a question, visit our Website or write to us at support@claimscalc.com.

6. Payment Authorization

By completing the e-signature, checking the box or clicking the button below or next to the link to authorize payment for the Services, you authorize us to charge the Payment Method (defined below) for the amount of your purchase. All payments will be charged on the same day. If a charge to your Payment Method is declined including for insufficient funds, we may re-submit the charge up to the number of times permitted by network rules, and we also reserve the right to undertake further collection action, including imposing costs and fees to the extent permitted by law, and to immediately terminate access to Services.

7. Use With Your Mobile Device

Mobile access to the Services requires an authorized app and may not be available for all mobile devices or telecommunication providers. You will need to check the Services Website to ensure your mobile device and telecommunications provider is compatible. Claims Calculator is not obligated to provide a compatible version of the Services for all mobile devices or telecommunication providers, which are subject to change by Claims Calculator at any time with reasonable notice to you.

8. Miscellaneous Matters

You agree that Claims Calculator is not acting as your agent or fiduciary in connection with your use of any Services. You can contact Claims Calculator by email at support@claimscalc.com if you have a question or concern about any product or service.