Terms of Service

1. Definitions

• "Account" means your registered user account on the Service.
• "Content" means any text, images, photos, reports, data, or other materials.
• "Generated Reports" means damage assessment reports created by the Service using AI analysis of User Content.
• "Service" means the AI Damage Report Generator software application, website at https://app.resourcefulai.org, APIs, and all related services operated by Company.
• "Subscription" means a paid plan providing access to the Service.
• "User Content" means any Content you upload, submit, or transmit to the Service, including photos and property information.

2. Description of Service

2.1 What the Service Does

AI Damage Report Generator is a software tool that:

• Accepts photographs of property damage uploaded by users
• Analyzes images using artificial intelligence technology
• Generates written documentation describing observed damage
• Produces formatted reports for professional use

2.2 What the Service Is NOT

The Service is NOT and does not provide:

• Professional engineering assessments
• Licensed inspection services
• Insurance adjusting or appraisal services
• Legal advice or expert testimony
• Building code compliance determinations
• Health or safety certifications
• Mold testing or environmental assessments
• Structural integrity evaluations
• Cost estimates or scope of work documents

2.3 Intended Users

The Service is designed for use by licensed restoration contractors, insurance professionals, property managers, building inspectors, and other qualified professionals. The Service is intended to assist—not replace—professional judgment.

3. Account Registration

3.1 Eligibility

To use the Service, you must:

• Be at least 18 years of age
• Have the legal capacity to enter into binding contracts
• Provide accurate and complete registration information
• Not be prohibited from using the Service under applicable law

3.2 Account Responsibilities

You are responsible for:

• Maintaining the confidentiality of your login credentials
• All activities that occur under your Account
• Ensuring your account information is accurate and current
• Notifying us immediately of any unauthorized use

3.3 One Account Per User

Each user may maintain only one Account. Creating multiple accounts to circumvent usage limits or for fraudulent purposes is prohibited.

4. Subscription Plans and Billing

4.1 Available Plans

• Starter: $49/month — 10 reports per month
• Professional: $149/month — 30 reports per month
• Business: $399/month — 100 reports per month

Report allocations reset on each billing cycle. Unused reports do not roll over.

4.2 Free Tier

New users receive 20 free reports upon registration. No credit card is required for the free tier. Free reports do not expire but cannot be replenished without a paid Subscription.

4.3 Billing Terms

• Payment Processing: All payments are processed by Stripe, Inc. By subscribing, you agree to Stripe's terms of service.
• Billing Cycle: Subscriptions are billed monthly on the same calendar day as your initial subscription date.
• Payment Method: You must provide a valid payment method. You authorize us to charge your payment method for all fees due.
• Price Changes: We may change Subscription prices with 30 days' advance notice. Price changes apply to the next billing cycle after notice.

4.4 Automatic Renewal

SUBSCRIPTIONS AUTOMATICALLY RENEW until canceled. By subscribing, you authorize recurring charges at the then-current rate.

4.5 Cancellation

You may cancel your Subscription at any time through Account Settings → Subscription → Cancel, or by emailing billing@resourcefulai.org.

Effect of Cancellation:

• Access continues until the end of the current billing period
• No prorated refunds for partial months
• Account reverts to free tier after billing period ends
• Your data remains accessible for 30 days after downgrade

4.6 Refund Policy

General Rule: All fees are non-refundable except as expressly stated below.

Exceptions:

• Technical issues preventing Service use for more than 72 consecutive hours: prorated refund for affected period
• Billing errors: full refund of erroneous charges
• First-time subscribers may request a refund within 7 days of initial subscription if fewer than 3 reports were generated

To request a refund, email billing@resourcefulai.org with your account email, reason for refund request, and transaction details. Refunds, if approved, are processed within 10 business days.

4.7 Taxes

Prices do not include applicable taxes. You are responsible for all sales tax, VAT, GST, or other taxes imposed on your Subscription based on your location.

5. Free Trial and Beta Services

The 20 free reports provided to new users are provided "as is" without warranty, subject to the same terms as paid reports, non-transferable, and a one-time allocation (not renewable).

We may offer beta features or early access programs. Beta features are provided "as is" without warranty, may be incomplete or change without notice, may be discontinued at any time, and should not be relied upon for critical business functions.

6. AI-Generated Content Disclaimer

6.1 Limitations of AI Analysis

AI-generated reports:

• Are based solely on visual analysis of uploaded photographs
• Cannot detect damage not visible in photographs
• Cannot assess structural integrity
• Cannot identify hazardous materials (asbestos, lead, mold species)
• Cannot determine cause of damage
• Cannot provide cost estimates
• May contain errors, omissions, or inaccuracies
• May misidentify materials, damage types, or severity

6.2 What AI Reports Are NOT

AI-generated reports DO NOT constitute:

• Professional engineering assessments
• Licensed home inspections
• Insurance adjustments or appraisals
• Legal determinations or expert opinions
• Building code compliance certifications
• Health or safety assessments
• Scope of work or repair specifications
• Binding cost estimates

6.3 User Acknowledgment

BY USING THIS SERVICE, YOU ACKNOWLEDGE AND AGREE THAT:

1. AI-generated reports are tools to assist professional judgment, not replacements for it
2. You will review all generated content for accuracy before use
3. You will not rely solely on AI reports for decisions affecting safety, health, or significant financial matters
4. Final responsibility for report accuracy rests with you, not the Company
5. AI technology has inherent limitations and may produce errors

7. Professional Review Requirement

YOU ARE REQUIRED TO REVIEW AND VERIFY ALL AI-GENERATED CONTENT BEFORE:

• Submitting reports to insurance companies
• Sharing reports with clients or third parties
• Making remediation decisions based on report contents
• Using reports for legal or regulatory purposes

If you are a licensed professional (contractor, engineer, adjuster, inspector), you remain subject to all applicable professional licensing requirements, industry standards and codes of ethics, legal and regulatory obligations, and duty of care to clients and the public. Use of this Service does not transfer or diminish your professional responsibilities.

Use of this Service does not create a professional relationship between you and ResourcefulAI LLC. We are a software provider, not a restoration contractor, engineer, or insurance professional.

8. IICRC Standards Disclaimer

Reports generated by the Service may reference standards published by the Institute of Inspection, Cleaning and Restoration Certification (IICRC), including ANSI/IICRC S500 (Water Damage), ANSI/IICRC S520 (Mold Remediation), and ANSI/IICRC S540 (Trauma and Crime Scene).

RESOURCEFULAI LLC IS NOT AFFILIATED WITH, ENDORSED BY, OR CERTIFIED BY IICRC.

References to IICRC standards are for informational purposes only. AI-generated reports are not certified IICRC inspections, do not guarantee IICRC compliance, should be verified against current IICRC standards by qualified professionals, and may not reflect the most recent IICRC standard revisions.

9. Acceptable Use Policy

9.1 Permitted Uses

You may use the Service to generate damage assessment reports for legitimate business purposes, document property conditions, create records for insurance claims processing, and support professional inspections and assessments.

9.2 Prohibited Uses

You agree NOT to use the Service for:

• Fraudulent Activity: Generate false or misleading reports for insurance fraud, fabricate or exaggerate property damage, create documentation for non-existent damage, or support fraudulent insurance claims
• Illegal Activity: Violate any applicable law, infringe on third-party intellectual property rights, upload content depicting illegal activity, or facilitate criminal conduct
• Harmful Activity: Upload malware, attempt unauthorized access, interfere with the Service, reverse engineer the Service, or circumvent usage limits
• Misuse: Upload content not related to property damage assessment, resell the Service without authorization, or impersonate another person or entity

We reserve the right to investigate suspected violations, remove violating content, suspend or terminate accounts, report illegal activity to law enforcement, and cooperate with legal investigations.

10. User Content and Intellectual Property

10.1 Your Content

You retain ownership of all User Content you upload. By uploading User Content, you grant ResourcefulAI LLC a limited, non-exclusive, royalty-free, worldwide license to store, process, and generate reports based on User Content solely to provide the Service. This license terminates when you delete your content or Account.

We do NOT use your User Content to train AI models without explicit consent.

10.2 Our Content

The Service, including software, design, AI models, trademarks, and documentation, is owned by ResourcefulAI LLC or its licensors and protected by intellectual property laws.

10.3 Generated Reports

Reports generated by the Service are licensed to you for your business use. You may use, share, store, and edit reports. You may not sell report templates or generation capabilities to third parties, or use reports to train competing AI systems.

11. Disclaimer of Warranties

12. Limitation of Liability

13. Indemnification

You agree to indemnify, defend, and hold harmless ResourcefulAI LLC and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

• Your use of the Service
• User Content you upload or submit
• Your violation of these Terms
• Your violation of any law or regulation
• Your violation of third-party rights
• Your professional negligence or misconduct
• Fraudulent or misleading reports you create or distribute
• Claims by your clients, customers, or other third parties
• Insurance claims or disputes involving your reports

14. Dispute Resolution and Arbitration

14.1 Pre-Arbitration Dispute Resolution

Before filing an arbitration claim, you must:

1. Send a written notice of your dispute to: legal@resourcefulai.org
2. Include: your name, account email, description of the dispute, and requested resolution
3. Allow 60 days for us to attempt informal resolution

14.2 Arbitration Rules

If informal resolution fails, arbitration will be conducted by:

• Administrator: JAMS (www.jamsadr.com)
• Rules: JAMS Streamlined Arbitration Rules & Procedures
• Location: Remote/telephonic unless in-person is required
• Language: English
• Arbitrator: A single neutral arbitrator selected per JAMS rules

14.3 Arbitration Fees

• Filing Fees: Each party pays their own filing fees
• Arbitrator Fees: Split equally, unless the arbitrator determines otherwise
• For claims under $10,000: We will pay all arbitration fees if you cannot afford them

14.4 CLASS ACTION WAIVER

14.5 Opt-Out Right

You may opt out of this arbitration agreement within 30 days of creating your account by sending written notice to legal@resourcefulai.org with subject line "Arbitration Opt-Out". Include your name, account email, and a clear statement that you opt out of the arbitration agreement.

If you opt out, you may pursue claims in court, but all other Terms remain in effect.

14.6 Exceptions to Arbitration

The following may be brought in court without prior arbitration:

• Small claims court actions (within jurisdictional limits)
• Actions to enforce or challenge intellectual property rights
• Emergency injunctive relief to prevent imminent harm

15. Governing Law

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles. For matters not subject to arbitration, you consent to exclusive jurisdiction and venue in the state and federal courts located in Delaware.

16. Service Availability and Modifications

We strive to maintain Service availability but do not guarantee uninterrupted access, error-free operation, or specific uptime percentage. We reserve the right to modify, suspend, or discontinue Service features, change pricing (with 30 days' notice), and update these Terms.

We may discontinue the Service entirely with 90 days' notice. Upon discontinuation, you will receive a prorated refund for unused prepaid fees and may export your data before the discontinuation date.

17. Termination

You may terminate your Account at any time through Settings → Delete Account or by emailing support@resourcefulai.org.

We may suspend or terminate your Account immediately for violation of these Terms or fraudulent activity, or with 30 days' notice for any other reason.

Upon termination:

• Your right to access the Service ceases immediately
• Paid Subscriptions are not refunded (except as required by law)
• Your data will be retained for 30 days, then deleted
• Provisions that should survive (arbitration, liability limits, indemnification) remain in effect

18. Force Majeure

Neither party is liable for failure to perform due to causes beyond reasonable control, including: acts of God, war or terrorism, government actions, pandemics, internet or telecommunications failures, third-party service provider outages, cyberattacks, power outages, or labor disputes.

If a force majeure event continues for more than 90 days, either party may terminate these Terms without penalty.

19. General Provisions

• Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and ResourcefulAI LLC.
• Severability: If any provision is found unenforceable, remaining provisions continue in full force.
• No Waiver: Failure to enforce any provision is not a waiver of that provision or any other.
• Assignment: You may not assign these Terms without our written consent. We may assign to an affiliate, successor, or purchaser.
• Electronic Communications: You consent to receive electronic communications from us. Electronic agreements satisfy "writing" requirements.
• Relationship: Nothing creates a partnership, joint venture, agency, or employment relationship.

20. Contact Information

• General Inquiries: support@resourcefulai.org
• Billing Questions: billing@resourcefulai.org
• Legal and Privacy: legal@resourcefulai.org
• Company: ResourcefulAI LLC

Acknowledgment

attorney for legal advice specific to your situation.

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