Terms of Service

1. Acceptance of Terms

By accessing and using the OtterQuote platform (the "Platform"), you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any part of these terms, you may not use the Platform. OtterQuote reserves the right to modify these terms at any time, and your continued use of the Platform following any modifications constitutes your acceptance of the modified terms.

2. Description of Service

OtterQuote provides a digital platform that connects homeowners with contractors to facilitate the insurance claim management process. The Platform offers the following services:

• Digital documentation and organization of insurance claims
• Connection to vetted contractors for damage assessment and repair estimates
• Communication tools between homeowners and contractors
• Claims tracking and status updates
• Educational resources about the insurance claims process

3. Important Disclaimers

3.1 Not a Public Adjuster

OtterQuote is not a public adjuster, insurance agent, or insurance broker. We do not negotiate with insurance companies on your behalf, and we do not have the authority to bind your insurance company to any agreement. You are responsible for all communications with your insurance company.

3.2 No Claim Guarantees

OtterQuote makes no guarantee regarding the outcome of your insurance claim, including but not limited to the amount of compensation you will receive, whether your claim will be approved, or the timeline for claim resolution. Insurance claim outcomes depend on your policy terms, the specific circumstances of your loss, and the insurance company's assessment.

3.3 Not Legal Advice

The information and resources provided on the OtterQuote Platform are for educational purposes only and do not constitute legal advice. You should not rely on any information on the Platform as a substitute for professional legal counsel. If you have legal questions about your insurance claim, you should consult with a qualified attorney in your jurisdiction.

3.4 Not Financial or Tax Advice

The OtterQuote Platform does not provide financial or tax advice. Any information regarding compensation amounts, settlement offers, or financial considerations is for informational purposes only. You should consult with a qualified financial advisor or tax professional regarding the financial and tax implications of any insurance claim settlement.

3.5 Not Insurance

The OtterQuote Platform does not provide insurance coverage or replace your insurance policy. You remain responsible for maintaining appropriate insurance coverage and understanding your policy terms and conditions.

4. User Eligibility

To use the OtterQuote Platform, you must meet the following criteria:

• Be at least 18 years of age or the age of majority in your jurisdiction
• Be a homeowner or authorized representative of a homeowner with an active insurance claim
• Have a valid email address and phone number
• Be able to enter into binding contracts in your jurisdiction
• Not be located in or a resident of any jurisdiction where the Platform is prohibited

5. Account Creation and Authentication

5.1 Account Information

When creating an account on the OtterQuote Platform, you agree to provide accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

5.2 Authentication Methods

OtterQuote uses secure authentication methods including email verification, password protection, and may utilize additional authentication factors for enhanced security. You agree to comply with all security measures implemented on the Platform.

5.3 Account Responsibility

You are solely responsible for all activities conducted through your account. You must notify OtterQuote immediately of any unauthorized access or breach of security related to your account.

5.4 Account Termination

OtterQuote reserves the right to terminate or suspend your account at any time for violation of these terms, illegal activity, or any conduct deemed harmful to the Platform or other users.

6. Homeowner Responsibilities

As a homeowner using the OtterQuote Platform, you agree to:

• Provide accurate information about your property and insurance claim
• Upload complete and truthful documentation and photos
• Communicate promptly and professionally with contractors
• Review and verify all information before submission to insurance companies
• Comply with all applicable laws and insurance company requirements
• Not misrepresent damages, inflate claim amounts, or commit insurance fraud

7. Contractor Responsibilities

As a contractor using the OtterQuote Platform, you agree to:

• Provide accurate estimates and professional assessments
• Maintain all required licenses, permits, and insurance coverage
• Communicate professionally and promptly with homeowners
• Comply with all local building codes and regulations
• Not engage in fraudulent activity or misrepresent services
• Respect the confidentiality of homeowner information

8. Platform Fees

8.1 Fee Structure

OtterQuote charges a service fee of 5% on the settlement amount paid by insurance companies for repairs coordinated through the Platform. This fee is charged to contractors, not directly to homeowners.

8.2 Fee Disclosure and Lock-In

All fees are clearly disclosed to contractors before they enter into any agreement with homeowners through the Platform. Once a contractor accepts a project, the fee structure is locked in for that specific project.

8.3 Payment Terms

Fees are calculated and due upon receipt of insurance payment for the repairs. OtterQuote handles all fee collection and payment processing.

8.4 No Refunds

Except as required by law, all fees paid are non-refundable. OtterQuote does not refund platform fees in cases where projects are terminated or completed by other means.

9. Content and Intellectual Property

9.1 User-Generated Content

By uploading content to the OtterQuote Platform, you grant OtterQuote a non-exclusive, royalty-free license to use, reproduce, modify, and distribute your content as necessary to provide the services described in these terms.

9.2 Platform Intellectual Property

All content on the OtterQuote Platform, including text, graphics, logos, images, software, and design elements, is the property of OtterQuote or its content providers and is protected by international copyright laws. You may not reproduce, distribute, or transmit any content without prior written permission from OtterQuote.

9.3 Limited License

OtterQuote grants you a limited, non-exclusive, non-transferable license to access and use the Platform for its intended purpose. This license does not include the right to modify, sell, distribute, or create derivative works from the Platform or its content.

10. Data Privacy and Security

OtterQuote takes the privacy and security of your personal information seriously. For detailed information about how we collect, use, and protect your data, please refer to our Privacy Policy. By using the Platform, you consent to the collection and use of your information as described in our Privacy Policy.

11. Limitation of Liability

11.1 Disclaimer of Warranties

THE CLAIMSHIELD PLATFORM AND ALL SERVICES PROVIDED ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. CLAIMSHIELD DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. CLAIMSHIELD DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM HARMFUL COMPONENTS.

11.2 Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CLAIMSHIELD SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11.3 Total Liability Cap

CLAIMSHIELD'S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE PLATFORM SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO CLAIMSHIELD IN THE 12 MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

11.4 Assumption of Risk

You assume all risk associated with your use of the OtterQuote Platform and all information obtained through the Platform. You are solely responsible for any damage to your computer system or loss of data resulting from your use of the Platform.

12. Indemnification

You agree to indemnify, defend, and hold harmless OtterQuote, its officers, directors, employees, and agents from any and all claims, damages, liabilities, costs, and expenses (including reasonable attorney's fees) arising from or related to:

• Your use of the OtterQuote Platform
• Your violation of these Terms of Service
• Your infringement of any third-party intellectual property rights
• Any fraud, misrepresentation, or illegal activity conducted through your account
• Damage caused by your interactions with contractors or homeowners connected through the Platform

13. Termination

13.1 Termination by User

You may terminate your account at any time by submitting a termination request through your account settings. Upon termination, your access to the Platform will be revoked immediately.

13.2 Termination by OtterQuote

OtterQuote reserves the right to terminate or suspend your account immediately, without notice, for any violation of these Terms of Service, including but not limited to fraudulent activity, illegal conduct, or behavior that harms other users or the Platform.

13.3 Survival

Sections 3 (Important Disclaimers), 9 (Content and Intellectual Property), 11 (Limitation of Liability), 12 (Indemnification), and 14-19 of these Terms of Service shall survive termination of your account.

14. Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of the State of Indiana, without regard to its conflict of law provisions. You agree that any legal action or proceeding arising out of or related to these terms shall be brought exclusively in the state or federal courts located in Indiana.

15. Dispute Resolution

15.1 Informal Resolution

Before initiating any legal action, you agree to attempt to resolve any dispute with OtterQuote through informal negotiation. You must submit a written notice of the dispute to OtterQuote's contact information provided in Section 19, and both parties will attempt to resolve the matter within 30 days.

15.2 Limitation Period

Any legal action or claim arising out of or related to these Terms of Service or your use of the Platform must be brought within one (1) year from the date the cause of action arises, or forever be barred.

15.3 No Class Actions

You agree that any legal action or proceeding shall be brought on an individual basis only and not as a class action, collective action, or representative action. You waive the right to participate in any class action lawsuit against OtterQuote.

16. Modifications to Terms

OtterQuote reserves the right to modify these Terms of Service at any time. Changes will be effective immediately upon posting to the Platform, and your continued use of the Platform following any modifications constitutes your acceptance of the modified terms. OtterQuote will make reasonable efforts to notify users of significant changes via email or through the Platform.

17. Severability

If any provision of these Terms of Service is found to be invalid, unlawful, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

18. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other documents incorporated by reference, constitute the entire agreement between you and OtterQuote regarding the use of the Platform and supersede all prior or contemporaneous communications, understandings, and agreements, whether written or oral.

19. Contact Information

If you have any questions about these Terms of Service or wish to report a violation, please contact us at: